High Court
Case Details
Neutral Citation No. - 2023:AHC:169697 Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33366 of 2023 Applicant :- Faim Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.,Lal Bahadur Hon'ble Vikram D. Chauhan,J. 1. Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.
Legal Reasoning
2. Heard learned counsel for the applicant, Sri Lal Bahadur, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. It is submitted by learned counsel for the applicant that as per allegation in the FIR, it is alleged that on account of dispute of money, applicant along with co-accused Mohsin have assaulted with spade as a result of same injured has suffered injury. The injuries which are sustained by the injured are lacerated wounds. Learned counsel for the applicant has drawn the attention of this Court to the statements of witnesses, which is at page 63 of the paper book being statements of Barkat, Rashid and Nazim, who have stated that co-accused Mohsin has assaulted with spade on the head of the injured. He submits that the statement of injured was recorded on 21.6.2023 whereas the incident has taken place on 18.3.2023 and the injured was discharged from hospital on 1.4.2023. He submits that applicant has no previous criminal history. Applicant is languishing in jail since 20.6.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Learned counsel for the informant does not dispute the fact that as per statements of eye witnesses, injuries have been caused by Mohsin and the main accused is Mohsin, who has caused injuries. 5. Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case. 6. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail. 7. It is not the case of the State that there is a possibility of interdicting fair trial by the accused-applicant if released on bail. No material has been shown that the Applicant is of such character that his mere presence at large would intimidate the witnesses or there is any material to show that applicant will use his liberty to subvert justice or tamper with the evidence. 8. The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused- applicant (s) is such that his mere presence at large would intimidate the witness. 9. Learned A.G.A. has not placed any reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State will be at peril in case the Applicant is released on bail. 10. It is not the case of the State that the applicant has been convicted for any offence on previous occasion. 11. No material has been placed by the opposite party that the Applicant in the past has attempted to evade the process of law. Further, no material facts and circumstances have been placed to show that it is not in public interest or interest of society at large to release the applicant on bail. 12. No material has been shown to suggest that the applicant is at flight risk, has chance of repeating the offence, or intimidating the witness if enlarged on bail. 13. In the present case, as per allegation in the FIR, it is alleged that on account of dispute of money, applicant along with co- accused Mohsin have assaulted with spade as a result of same injured has suffered injury. The injuries which are sustained by the injured are lacerated wounds. Barkat, Rashid and Nazim, who are witnesses have stated in their statements that co-accused Mohsin has assaulted with spade on the head of the injured. Statement was recorded on 21.6.2023 whereas the incident has taken place on 18.3.2023 and the injured was discharged from hospital on 1.4.2023. There is unexplained delay in recording of statement of injured. Although the injured has stated that applicant has also assaulted. However, in view of unexplained delay in recording of statement, the same may not be relied upon. Applicant has no previous criminal history. Applicant is languishing in jail since 20.6.2023 14. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 15. Let the applicant Faim Ahmad involved in Case Crime No. 216 of 2023, under Sections 307, 323 and 504 IPC, Police Station Kotwali City, District Bijnor be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 16. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad Order Date :- 23.8.2023/D. Tamang