High Court
Case Details
Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1632 of 2022 Applicant :- Aisar Alias Rafique Ali Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Legal Reasoning
After considering the facts of the present case it prima facie appears that; (a) Medical examination of co-accused Aashiq Ali has been conducted by the Police on 9.10.2021 at 02:05 PM. (b) The co-accused Aashiq Ali received four injuries as lacerated wound 4.5 x 1 cm on left eyebrow, multiple abrasion 8 x 6 cm just below on right wrist , contused swelling 9 x 5 cm on the left thigh and 12 cm below from iliac crest, contusion 5 x 4 cm on left shoulder joint, which have not been explained by the prosecution. (c) The deceased Ikrar found only one fatal injury on the back of the head as contusion 12 cm x 8 cm. (d) No specific allegations has been levelled against the applicant. (e) No incriminating article has been recovered from the possession of the applicant. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed. Let applicant, Aisar @ Rafique Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: (i) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance of law after the release of the applicant, if there is no other legal impediment. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. 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. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The concerned Court/Authority/Official 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. Order Date :- 3.2.2022 Ishan
Arguments
Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant and learned A.G.A. for the State through video conferencing and perused the material on record. The present bail application has been filed on behalf of applicant Aisar @ Rafique Ali under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 201 of 2021 for offence punishable under Sections 147, 323, 452, 336, 504, 506, 325, 427, 308, 304 of the Indian Penal Code, registered at Police Station- Shyamdeurawa, District- Maharajganj, during pendency of the trial. Brief facts of the present case are that the first information report dated 08.10.2021 has been lodged against the applicant and eight other co-accused persons stating therein that on 07.10.2021 at about 08:00 P.M. Zafar from the village of the first informant came to drop the brother of the first informant Ikrar in a motorcycle to his home, when he reached in front of the house of the applicant, his motorcycle got stuck in the mud, due to which the sound of the motorcycle increased, on this matter Aashiq Ali and Mehboob dragged the collar of the brother of the first informant Ikrar in front of their house and started abusing him, after hearing the noise of hue and cry, first informant also went to rescue his brother, then Aashiq Ali, Mehboob, Isar and Ijaz together slammed the brother of the first informant and started beating him with kicks and fits, hearing the noise of hue and cry, father of the first informant also came on the spot. On the other hand, Aashiq, Tahir and Salman and Zubair, together pelting bricks and committing marpit with the first informant side, after that they entered into the house of the first informant. In this incident, Ikrar received grievous injury and the first informant took into the government hospital, where after treatment by the doctor, he was referred to the medical college, Gorakhpur, where the doctor referred him to K.G.M.C. Hospital Lucknow but the brother of the first informant has died on the way. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that co-accused Aashiq Ali received four injuries as lacerated wound 4.5 x 1 cm on left eyebrow, multiple abrasion 8 x 6 cm just below on right wrist , contused swelling 9 x 5 cm on the left thigh and 12 cm below from iliac crest, contusion 5 x 4 cm on left shoulder joint but the prosecution has not explained the injury of the co-accused Aashiq Ali. The medical examination of co-accused Aashiq Ali was conducted on 09.10.2021 at 02:05 P.M. at C.H.C. Partwal, Maharajganj. The injuries have been found on the body of the Aashiq Ali were 2-3 days old which relates to the incident. It is further submitted that deceased Ikrar found only one fatal injury on the back of the head contusion 12 x 8 cm. As per the allegations of the first information report and the statement of the injured and eye witnesses there are general allegations levelled against the applicant and other co-accused persons. There is no specific role has been assigned against the applicant. It is further submitted that no incriminating articles has been recovered from the possession of the applicant. He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.