High Court
Case Details
Neutral Citation No. - 2025:AHC:84094 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6996 of 2025 Applicant :- Nanno Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- Dinesh Kumar Tripathi,G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Vishal Jaiswal, Advocate holding brief of Sri Sushil Kumar Dubey, learned counsel for the applicant, Sri Dinesh Kumar Tripathi, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Nanno, seeking enlargement on bail during trial in connection with Case Crime No. 197 of 2024 (S.T. No. 713 of 2024), under Sections 147, 148, 302, 307, 504, 506, 34 I.P.C., Police Station Lisari Gate, District Meerut. 4. The first information report of the present matter was lodged on 26.05.2024 by Mohd. Firoz naming the applicant and 06 other persons and an unknown person alleging therein that on 24.05.2024 at about 10:00 pm he was sitting outside his house where Aahad son of Harun was passing on his bicycle and one wheel of it fell in the drain due to which water from the drain splashed on him, the informant told him to drive it cautiously on which he went and called the accused persons who came there and started abusing and being armed with lathi, danda and iron rod started an assault in which Mohd. Tauhid received injuries and died whereas Abid, Firoz, Javed, Irfan and Siroj received injuries. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of free fight in as much as Aman son of Mohsin from the side of the applicant also received injuries who was medically examined on 24.05.2024 at 11:50 pm, copy of the injury report has been placed before the Court which is annexed as Annexure-6 to the affidavit. It is submitted that the applicant has no motive to commit the aforesaid offence. It is further submitted that common & general role has been assigned to the applicant, 06 other named accused persons and an unknown person of assault without any specification therein. While placing paragraph 2 of the supplementary affidavit dated 15.04.2025 and Annexure-SA-1 to the same it is submitted that charge-sheet in the matter has been submitted against the applicant, Aman, Haroon and Anish whereas the investigation is going on against co-accused Sameer, Aahad and Gaffar. It is argued that co-accused Gaffar, Haroon, Sameer and Anish have been granted bail by a co-ordinate Bench of this Court vide orders dated 18.03.2025, 24.03.2025, 03.04.2025 and 15.04.2025 passed in Criminal Misc. Bail Application Nos. 8901 of 2025, 9673 of 2025, 10214 of 2025 and 12175 of 2025, the copy of the said orders have been produced before the Court which are taken on record. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 26.05.2024. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that common & general role has been assigned to the applicant and other co-accused persons. Aman son of Mohsin from the side of the applicant also received injuries. Co-accused Gaffar, Haroon, Sameer and Anish have been granted bail by a co-ordinate Bench of this Court. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Nanno, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court 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 against him in accordance with law and the trial court may proceed against him under Section 229-A I.P.C. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed.
Decision
12. Pending application (s), if any, shall stand disposed of. Order Date :- 20.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad