High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30199 of 2022 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Faiz,Dhirendra Kumar Verma Counsel for Opposite Party :- G.A.,Bhaskar Bhadra Hon'ble Subhash Vidyarthi,J.
Legal Reasoning
1. Heard Sri Mohd Faiz, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Bhaskar Bhadra, the learned counsel for the informant and perused the record. 2. Supplementary affidavit filed today is taken on record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 120 of 2022, under Sections 147, 148, 149, 336, 436, 452, 324 IPC, Police Station Kila, District Bareilly during pendency of the trial in the Court below. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.05.2022 against seven named persons, including the applicant and 15-20 other persons alleging that on 14.05.2022 at about 11:00 p.m. the accused persons armed with pistols, swords and sticks entered the informant's house and the applicant assaulted informant's father on his head with sword. They have also beaten up other persons and misbehaved with the informant's mother. It is alleged that co-accused poured petrol and put the house on fire because of which the entire house got burnt out. It is further alleged that the accused persons had indulged into indiscriminate firing and they robbed Rs. 3,50,000/- and about six tola jewelry. It is also stated in the F.I.R. that the incident had been videographed by some persons of the locality. The injury reports of Kaif mentions a lacerated wound 0.5X0.5 c.m. head deep on right side on his forehead and complain of back pain. The injury report of Aslam Raza mentions lacerated wound and incised wound at the back of the skull. Injury No. 1 was reported to be simple nature and injury No. 2 was kept under observation and the supplementary report mentions that the injury No. 2 is simple in nature on the basis of Radiologist opinion. 5. In his statement recorded under Section 161 Cr.P.C., the informant reiterated the F.I.R. version. In response to the question put to him, he stated that at the time of incident, he was not present at the house and stated that he had been told by some persons of the locality that his father has been assaulted by the applicant with a sword. When a specific question was put to him as to who told to him, he did not mention name of any person. 6. The Investigating Officer put a question to the informant that he has mentioned in the F.I.R. that incident had been videographed to which the informant says that he has no such videos. The statements of several other persons have also been recorded by the Investigating Officer. The doctor has stated that the injuries suffered by Aslam Raza are simple and the same could not have been life threatening. One of the eye witnesses Samshad stated that he was present on the spot, a quarrel started between persons of both the parties and escalated and both the parties started hitting each other with bricks and sticks but nobody was carrying sword. No person had entered Aslam Raza's house and nothing has been robbed and both the family members have an old animosity. The case regarding dowry death was registered in this regard in Police Station Kila. Similar statements have been given by some other persons also. All of whom stated that they live in the vicinity and they have witnessed the incident. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case because of an old animosity. It has further been stated in the affidavit that the applicant has no criminal history and he is languishing in jail since 15.05.2022.The affidavit contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty. 8. Per contra, the learned Additional Government Advocate as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail. The learned counsel for the informant has stated that two persons have witnessed the incident and informant's house was put to fire as the allegations are serious in nature, the applicant should not be released on bail. 9. Having regard to the aforesaid facts and submissions and keeping in view the fact that the incident took place due to sudden quarrel between the parties and it has come to light that quarrel escalated suddenly and bricks and sticks were used in the incident; the injuries suffered by the injured are simple nature; there is an old animosity between the parties; as also the fact that the applicant has no criminal history and he is languishing in jail since 15.05.2022, I am of the view that the applicant is entitled to be released on bail. 10. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed. 11. Let the applicant Saleem be released on bail in Case Crime No. 120 of 2022, under Sections 147, 148, 149, 336, 436, 452, 324 IPC, Police Station Kila, District Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not directly or indirectly make 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. 12. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail. Order Date :- 14.9.2022 Jaswant Digitally signed by JASWANT KUMAR Date: 2022.09.16 17:55:12 IST Reason: Location: High Court of Judicature at Allahabad