High Court
Case Details
Neutral Citation No. - 2023:AHC:232246 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47633 of 2023 Applicant :- Shamsul Rahman @ Shamsur Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The prosecution story in brief is that the first informant's younger brother namely, Mohammad Arif, since last two days, on the issue of partition was abusing the whole family. On 19.07.2023 at about 01:00 P.M., he locked the main gate and entered into house room and had closed the room from inside, in the meantime, his brother along with his two associates armed with dagger, axe, and knife made an assault upon which, his mother and sister made an alarm, immediately they made acid attack on alarm and on seeing the smoke, the neighbours rushed to the house but the accused persons were throwing acid from the house roof, due to such assault, his sister Nikhat Jahan alias Nahid and his mother Anisa Begum died whereas, his father Mohammad Qadir sustained grievous injuries.
Legal Reasoning
3. Learned counsel for the applicant submits that the applicant was not named in the F.I.R. and his named surfaced in the statement of eye-witness namely, Naheed Fatima. He further submits that the allegation against the applicant is that he sold the acid to the accused persons when in fact, the applicant has neither any licence to store or sell nor had sold the acid to main accused Mohammad Arif. Learned counsel further submits that the applicant's house is at a distance of 2 1/2 kilometers from the place of occurrence and in between the said distance, there are number of general stores, thus it is quite possible that the accused persons might had purchased the acid from any other general store shop and that the accused persons have not named the applicant that they had purchased the acid from the applicant's shop. Learned counsel further argued that in the absence of any credible evidence available in the case diary to demonstrate that the applicant had sold the acid to the accused Mohammad Arif, ergo, the entire prosecution story stands falsifies. Learned counsel has next argued that the similarly situated co-accused namely, Irfan Ahmad has already been enlarged on bail by this Court vide order dated 11.10.2023 passed in Criminal Misc. Bail Application No. 43216 of 2023, copy of which order has been produced before this Court and is taken on record. It is thus argued that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.08.2023, having no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the case of the applicant is distinguishable from the case of main accused Mohammad Arif, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Shamsul Rahman @ Shamsur Rahman involved in Case Crime No. 170 of 2023 under Sections 302, 307, 342, 436, 326A, 504, 120-B I.P.C., Police Station Kareilli, District Prayagraj be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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 IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 7. 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 in accordance with law. 8. The bail application is allowed. Order Date :- 7.12.2023 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad