High Court
Case Details
Neutral Citation No. - 2025:AHC:141382 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24071 of 2025 Applicant :- Hassan Ahmad And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sarvjeet Kumar,Vikrant Pandey Counsel for Opposite Party :- G.A.,Mohd Zubair Khan,Rajneesh Upadhyay Hon'ble Sanjay Kumar Singh,J.
Legal Reasoning
Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 55 of 2025, under Sections 191(2), 190, 115(2), 351(3), 352, 109(1) Bharatiya Nyan Sanhita, 2023, Police Station Badgaon, District Saharanpur, during the pendency of trial. It is argued by learned counsel for the applicants that:- i-With regard to an incident which took place on 28.03.2025 at about 4.00 P.M., first information reports were lodged from both the sides. ii-From the side of the complainant of this case, namely, Jamshed, a first information report was lodged on 29.03.2025 at Case Crime No. 55 of 2025 for the offence under Sections 190, 115(2), 352, 351(3), 191(2) of B.N.S., 2023, Police Station Badgaon, District Saharanpur against eight accused persons, namely, Hassan (applicant No. 1), Rihan (applicant No. 2), Julfan (applicant No. 3), Subedar, Sultan (applicant No. 4), Rashid, Sabir and Munawar, in which five persons, namely, Khursheed, Muntazir, Irfan, Farman and Jamshed have received injuries. iii-From the side of the applicants, four persons, namely, Sultan, Julfan, Sabir and Rashid have received injuries and from their side, a first information report was lodged on 29.03.2025, which was registered at Case Crime No. 56 of 2025 for the offence under Sections 191(2), 190, 115(2), 352, 351(2) B.N.S., 2023, Police Station Badgaon, District Saharanpur against five accused persons, namely, Irfan, Farman, Khursheed, Jamshed, Shoeb and one unknown person. iv-It is further submitted that in the first information report dated 29.03.2025 of the complainant, there is no explanation of the injuries received by applicant Nos. 3 and 4 as well as other two persons of their side. v-In the F.I.R. of Case Crime No. 55 of 2025, general role of assault has been assigned to all the accused persons with sharp edged weapons, sticks and iron rods, but there is no recovery of any weapon from the possession of the applicants. vi-So far as criminal history of the applicants is concerned, it is further pointed out that that applicant Nos. 1 and 2 have no criminal antecedents, whereas applicant No. 3 has criminal history of four cases which have been explained in the bail application as well as in first and second supplementary afÏdavits. Applicant No. 4 has criminal history of two cases which have also been explained in bail application as well as in first supplementary afÏdavit. vii-There is no chance of the applicants fleeing away from the judicial process or tampering with the prosecution evidence. viii-On the strength of aforesaid facts and submissions, lastly it is submitted that the applicants are languishing in jail since 12.06.2025and in case, they are released on bail, they will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the informant opposed the prayer for bail of the applicants in the light of averment made in F.I.R. No. 55 of 2025. In addition to that it is also submitted that the defence taken by the side of applicants in F.I.R. of Case Crime No. 56 of 2025 is against the evidence on record. One of the injured persons, namely, Khursheed has received serious injury, therefore, bail application of the applicants is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that both sides lodged F.I.Rs. against each other. Four persons have received injuries form the side of the applicants and five persons have received injuries from the side of complainant. Applicant Nos. 3 and 4 are also injured. So far as injury received by injured Khursheed is concerned, it has not been specified that who is the author of his injury as general role of assault has been attributed to all the accused persons. So far as the issue as to which party was aggressor in the incident in question, is the matter of trial, which can be adjudicated by the trial court at an appropriate stage after getting evidence in this regard. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, gravity of offence and submissions of the learned counsel for the parties as well as the fact that applicant Nos. 3 and 4 are also injured and cross cases have been registered from both the sides, this Court is of the opinion that prima facie the applicants are made out a case for bail. Hence, the bail application is hereby allowed. Let the applicants Hassan Ahmad, Rihan Ahmad, Julfan and Sultan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicants shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicants 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 ofÏcer or tamper with the evidence. (iii) That after their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicants on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicants. Order Date :- 19.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad