High Court · 2025

3. The first bail application of the applicant was rejected vide order dated 27.04.2024, which is reproduced as below:- "1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record.

2. This bail application has been filed by the applicant-accused in case crime No.489 of 2023, under Section- 326A I.P.C., Police Station- Baheri, District-Bareilly with the prayer to enlarge the applicant-accused on bail.

3. It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. It was submitted that the informant has lodged the First Information Report on 10.08.2023 alleging that at 7:20 p.m. while injured Nazim was coming from Kichchha, some unknown persons have thrown acid upon him and resultantly, he sustained injuries. It was submitted that first information report was lodged after information from the injured but applicant has not been named in the F.I.R. The F.I.R. was lodged against unknown persons. The informant has not named the applicant in his statement under Section 161 Cr.P.C. It was stated that the name of applicant has figured in the statement of injured, who has inter-alia stated that while he was coming from Kichchha, the applicant-accused came on the motorcycle and he has thrown acid upon him, resultantly he sustained acid burn injuries. Learned counsel further submitted that if injured might have identified the offender, his name must have been named in the F.I.R. and thus, the involvement of applicant is doubtful. It was submitted that the father of the applicant has taken loan of Rs.50,000/- from one company namely Star Whizz by pledging his jewellery but the said company has unauthorizedly further pledged his jewellery in the bank and on that account a dispute has taken place. Learned counsel submitted that injured is working in the said Star Whizz Company. It was submitted that applicant has been falsely implicated due to that reason. Lastly, it was submitted that applicant is languishing in jail since 16.09.2023, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

4. Learned A.G.A. has opposed the prayer for bail and submitted that injured has clearly stated that it was accused-applicant, who has thrown acid upon him and resultantly, the injured sustained acid burn injuries. As per medical examination report, injured has sustained 20-25% burns.

5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, no case for bail is made out.

6. The instant bail application is hereby rejected. "

4. It is submitted by learned counsel for applicant that the applicant is innocent and he has been falsely implicated in this case. As per medical examination report, the injured has sustained 20-25% burns. After rejection of the first bail application of the applicant, the informant PW-1 Mohd. Safeeq and another witness PW-2 Satendra have been examined before the trial Court. In his statement, PW-2 Satendra has stated that he could not identify the miscreant, who has thrown acid on injured. Similarly, PW-1 Mohd. Safeeq has stated in his cross-examination that he was told about the name of applicant by rickshaw puller. Lastly, it was submitted that applicant is in jail since 16.09.2023 and thus, he has already undergone detention of about 16 months. Applicant has no criminal history and in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that the there is evidence that applicant has deliberately thrown acid upon the injured and resultantly he has sustained 20-25% burns. It was stated that the first bail application of the applicant has already been rejected on merits. It was stated that the statement of injured is yet to be recorded before the trial Court.

6. Considering submissions of learned counsel for the parties and all attending facts, particularly period of detention, without expressing any opinion on the merits, a case for bail is made out.

7. The bail application is allowed.

8. Let the applicant- Fareed involved in aforesaid crime 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 following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 27.2.2025 RKM RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

3. The first bail application of the applicant was rejected vide order dated 27.04.2024, which is reproduced as below:- "1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record.

2. This bail application has been filed by the applicant-accused in case crime No.489 of 2023, under Section- 326A I.P.C., Police Station- Baheri, District-Bareilly with the prayer to enlarge the applicant-accused on bail.

3. It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. It was submitted that the informant has lodged the First Information Report on 10.08.2023 alleging that at 7:20 p.m. while injured Nazim was coming from Kichchha, some unknown persons have thrown acid upon him and resultantly, he sustained injuries. It was submitted that first information report was lodged after information from the injured but applicant has not been named in the F.I.R. The F.I.R. was lodged against unknown persons. The informant has not named the applicant in his statement under Section 161 Cr.P.C. It was stated that the name of applicant has figured in the statement of injured, who has inter-alia stated that while he was coming from Kichchha, the applicant-accused came on the motorcycle and he has thrown acid upon him, resultantly he sustained acid burn injuries. Learned counsel further submitted that if injured might have identified the offender, his name must have been named in the F.I.R. and thus, the involvement of applicant is doubtful. It was submitted that the father of the applicant has taken loan of Rs.50,000/- from one company namely Star Whizz by pledging his jewellery but the said company has unauthorizedly further pledged his jewellery in the bank and on that account a dispute has taken place. Learned counsel submitted that injured is working in the said Star Whizz Company. It was submitted that applicant has been falsely implicated due to that reason. Lastly, it was submitted that applicant is languishing in jail since 16.09.2023, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

4. Learned A.G.A. has opposed the prayer for bail and submitted that injured has clearly stated that it was accused-applicant, who has thrown acid upon him and resultantly, the injured sustained acid burn injuries. As per medical examination report, injured has sustained 20-25% burns.

5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, no case for bail is made out.

6. The instant bail application is hereby rejected. "

4. It is submitted by learned counsel for applicant that the applicant is innocent and he has been falsely implicated in this case. As per medical examination report, the injured has sustained 20-25% burns. After rejection of the first bail application of the applicant, the informant PW-1 Mohd. Safeeq and another witness PW-2 Satendra have been examined before the trial Court. In his statement, PW-2 Satendra has stated that he could not identify the miscreant, who has thrown acid on injured. Similarly, PW-1 Mohd. Safeeq has stated in his cross-examination that he was told about the name of applicant by rickshaw puller. Lastly, it was submitted that applicant is in jail since 16.09.2023 and thus, he has already undergone detention of about 16 months. Applicant has no criminal history and in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that the there is evidence that applicant has deliberately thrown acid upon the injured and resultantly he has sustained 20-25% burns. It was stated that the first bail application of the applicant has already been rejected on merits. It was stated that the statement of injured is yet to be recorded before the trial Court.

6. Considering submissions of learned counsel for the parties and all attending facts, particularly period of detention, without expressing any opinion on the merits, a case for bail is made out.

7. The bail application is allowed.

8. Let the applicant- Fareed involved in aforesaid crime 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 following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 27.2.2025 RKM RAJESH KUMAR MAURYA High Court of Judicature at Allahabad