Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16258 of 2021 Applicant :- Waseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sajiya Parveen Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Waseem, in connection with Case Crime No. 435 of 2020, under Sections 147, 148, 149, 323, 354-Kha, 307, 308, 452, 504, 506, 427, 120-B IPC and Section 7/8 POCSO Act, Police Station - Manjhanpur, District - Kaushambi.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that he has been falsely implicated due to extraneous considerations. It is urged that the applicant was neither present on the spot or participated in the occurrence, where, as many as 21 men are said to have forced their way into the informant's house, armed with firearms, sticks (lathi danda) etc. and assaulted the informant's husband, on the supposition that the latter was working for the Police as an informer. There are other allegations about misbehaving with minor girls and pillaging the house. It is argued that a general role has been assigned to all the accused, with no specific allegation against the applicant. There is no reliable and independent witness of the incident available. It is also urged that there are major contradictions in the First Information Report and in the statements under Section 161 Cr.P.C. It is particularly argued that co-accused Hariyale Babu alias Mohd. Azam, who has been assigned a similar role, has been granted bail by this Court vide order dated 11.11.2020, passed in Criminal Misc. Bail Application No. 28177 of 2020. Likewise, Taj Mohammad and Shan Mohammad have been granted bail vide orders dated 20.11.2020 and 18.12.2020, passed in Criminal Misc. Bail Application Nos. 31446 of 2020 and 39062 of 2020, respectively. It is stated in paragraph no. 22 that the applicant has no criminal history and is in jail since 03.03.2021.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the allegations are general in nature, with no specific role assigned to the applicant, the fact that there is no independent and reliable eye- witness, the fact that co-accused, similarly circumstanced, have been admitted to bail, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Waseem be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 I. Batabyal