High Court
Case Details
Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32368 of 2021 Applicant :- Shabbir Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Jitendra Pal Singh,Pradeep Kumar Singh,Shamshad Ahmad Counsel for Opposite Party :- G.A.,Ashish Kumar Gaur Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Jitendra Pal Singh and Sri Atul Pandey, learned counsel for the applicant, Sri Ashish Kumar Gaur, for the complainant and Sri Munne Lal, the learned AGA for the State. This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Shabbir Hussain for enlarging him on bail in Case Crime No. 154 of 2021, under Section 307 I.P.C, registered at Police Station- Kotwali, District-Pilibhit. The bail application so preferred by the applicant has been rejected by the court below on 14.7.2021. Learned counsel for the applicant has argued that a first information report has been lodged by Sri Mohammad Haneef @ Guddu son of Sri Imaam Bux before P.S. Kotwali, District Pilibhit being FIR no. 0154 on 25.6.2021 at 20:30 hours relatable to commission of offence on 25.6.2021 under Section 307 IPC against the applicant and three others with an allegation that the complainant happens to be the owner of a brick-kiln and one of his relatives, who happens to be an employee in the said brick-kiln being Jameel Ahmad son of Khaleel Ahmad was sitting along with him, on 8:10 hours, the applicant herein fired a shot, pursuant whereto gunshot injury was sustained by the injured. It has further been alleged that the other co-accused was also present and they, thereafter, ran away. Learned counsel for the applicant has drawn the attention of this Court towards Annexure-2 at page-20 being the statement of the complainant as well as at page-26 being the statement of the injured. Learned counsel for the applicant has further drawn the attention of this Court towards Annexure-3 at page-22 being a medico legal examination report of the injured showing the fact that there is an lacerated entry wound with blackening. Learned counsel for the applicant has next drawn the attention of this Court towards the supplementary medico legal report of the District Hospital Pilibhit, so as to contend that the injury has been shown to be simple and no vital organ of the body was involved. Learned counsel for the applicant has further argued to the extent that even from the face of the allegation contained in the FIR vis-a-vis supplementary medico legal report, the offences purported to be under Section 307 IPC are not made out, particularly, when the injuries themselves are simple and they are not relatable to vital organ. Learned counsel for the applicant has additionally argued that he has been falsely implicated in the case in question, as there was no occasion for him to to commit such offence and the entire prosecution story is nothing but a bundle of lies and concocted one. Learned counsel for the applicant has further drawn the attention of this Court towards paragraph-17 of the paper-book so as to contend that he possesses criminal history of a solitary case being Case Crime no.395 of 2020 under Sections 420, 467, 468, 471, 504, 506 IPC, in which he stands bailed out and in this regard learned counsel for the applicant has drawn the attention of this Court towards towards Annexure-7 at page-41 being the bail order passed by the court of Sessions Judge, Pilibhit on 13.5.2021 in Bail Application No.706 of 2021. Learned counsel for the applicant has next drawn the attention of this Court towards the supplementary affidavit dated 6.10.2021, so filed by him, while drawing the attention towards paragraph-2 of the same that he has been falsely implicated in Case Crime no. 72 of 2020 under Section 188, 269, 270 of the Pandemic Act, wherein he also stands bailed out on 29.9.2021, copy whereof is at page 7 of the supplementary affidavit. Thus learned counsel for the applicant has submitted that he is unnecessary languishing in jail since 25.6.2021. If the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail. Countering the said submission, the learned AGA has opposed the bail while arguing that the applicant has committed offence, that is why he is not only nominated in the FIR, but also in the statement of the injured and complainant, name of applicant has surfaced. However, learned A.G.A. could not dispute the fact that the supplementary medico legal report itself shows that the injuries are simple and are not relatable to vital organs and further the fact that the applicant has satisfactorily explained the criminal history. Sri Ashish Kumar Gaur, learned counsel for the complainant has though adopted the argument of the learned A.G.A, but he has additionally argued that the applicant has committed an offence and merely because in the supplementary medico legal report, simple injuries have been shown to be found and there has been no injury in the vital part, the same cannot be a ground to hold the applicant innocent. Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as the injuries shown in the medico legal report are simple and the criminal history of the applicant has been properly explained, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances. Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Shabbir Hussain involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) 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 to any police officer or tamper with the evidence. (v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses. Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained. Order Date :- 10.2.2022 N.S.Rathour Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.02.14 15:10:45 IST Reason: Location: High Court of Judicature at Allahabad