High Court
Case Details
Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54715 of 2021 Applicant :- Sahabuddin Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Suraj Kumar Singh Connected with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55322 of 2021
Legal Reasoning
Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Suraj Kumar Singh Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Rama Shankar Mishra, learned counsel for applicants Sahabuddin and Firoz, learned A.G.A. for State and Mr. Suraj Kumar Singh, learned counsel for first informant. These applications for bail have been filed by applicants Sahabuddin and Firoz seeking their enlargement on bail in Case Crime No. 679 of 2021, under Sections 323, 504, 304 IPC, P.S. Noida Sector-39, District Gautam Buddh Nagar, during pendency of trial. Perused the record. Record shows that in respect of an incident, which is alleged to have occurred on 15.8.2021, a delayed F.I.R. dated 17.8.2021 was lodged by first informant Husham and was registered as Case Crime No. 679 of 2021, under Sections 323, 504, 308 IPC, P.S. Noida Sector-39, District Gautam Buddh Nagar In the aforesaid F.I.R., two persons namely Firoz and Sahabuddin (applicants herein) have been nominated as named accused. The gravamen of the allegations made in the F.I.R. is to the effect that on 15.8.2021 at around 1.30 p.m., named accused Firoz and Shahabuddin came at the house of the first informant and started abusing him. In the scuffle that took place, the father of first informant namely Iliyas received injuries. After lodging of aforementioned F.I.R., the injured was taken to hospital. The medico legal report of the injured is on record at page 23 of the paper book. As per the said report, the injured sustained following injuries:- 1. L.W. 3 cm x 0.5 cm Right side of frontal region and skull above 7 cm from right eyebrow. Ultimately, injured succumbed to the injuries sustained by him while he was undergoing treatment at Fortis Hospital, Delhi. The post mortem report of the deceased is on record at page 24 of the paper book. In the opinion of Autopsy Surgeon, the cause of death of deceased was as per MLC Report 9403 of 2021. During course of investigation, Investigating Officer examined first informant and other witnesses namely Husham, Hozra and Zishan in terms of Section 161 Cr. P. C. On the basis of above as well as other material collected by Investigating Officer during course of investigation, he came to the conclusion that complicity of named accused is established in the crime in question. Accordingly, Investigating Officer submitted charge sheet dated 11.11.2021, whereby both the named accused have been charge sheeted under Sections 323, 504, 304 IPC. Learned counsel for applicants contends that applicants are innocent. It is then contended that as per the material on record, the injured has died on account of ante mortem injury sustained by him. Referring to the injury report of the deceased, learned counsel for applicants contends that deceased has sustained only one lacerated wound on his head. It is sheer bad luck of applicants that he has died on account of aforesaid injury. It is next contended that no mens rea can be attached to the applicants for committing the crime in question. He, therefore, submits that applicants are at the most liable to be prosecuted for an offence punishable under Section 304 part II IPC. It is lastly contended that applicants are men of clean antecedents, inasmuch they have no criminal history to their credit except the present one. Applicants are in jail since 17.8.2021. As such, they have undergone more than 8 1/2 months of incarceration. In case, applicants are enlarged on bail, they shall not misuse the liberty of bail and shall co- operate with the trial. Per contra, the learned A.G.A. and Mr. Surya Kumar Singh, learned counsel for first informant have opposed these applications for bail. They submit that since applicants are named as well as charge sheeted accused, therefore, they do not deserve any indulgence by this Court. However, they could not dispute the factual and legal submissions urged by learned counsel for applicants. Having heard learned counsel for applicants, learned A.G.A. for the state, learned counsel for first informant, upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and accusation made, but without expressing any opinion on merits of the case, the applicants have made out case for bail. Accordingly, bail applications are allowed. Let the applicants Sahabuddin and Firoz, involved in aforesaid case crime number, be released on bail on their furnishing a personal bond with 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 applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants shall not seek any adjournment on the dates 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 Cr.P.C. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. Order Date :- 6.5.2022 HSM Digitally signed by HARI SHANKER MISHRA Date: 2022.05.09 10:36:26 IST Reason: Location: High Court of Judicature at Allahabad