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2021 DIGILAW 971 (ALL)

Aadil v. State of U. P.

2021-08-31

ALOK MATHUR

body2021
JUDGMENT : 1. Heard Sri Bharat Kumar Dixit, learned counsel for applicant, learned A.G.A. for the State as well as Sri A.S. Parihar, Advocate who has put in appearance on behalf of complainant. 2. By means of this application, the applicant, who is involved in Case Crime No. 24/2021, under Sections -147, 148, 302, 34 I.P.C., Police Station-Kotwali Nagar, District - Raibareli, is seeking enlargement on bail during the trial. 3. According to the version in the F.I.R. that on 07.01.2021 the complainant and his brother Mohd. Yusa (deceased) and Mohd. Yamin were sitting in the baramda of Nakwi Market, the accused persons namely the Furkhan, Jisan Gadda, Hafiz Fujail, Adil, Ziyaul and 2-3 unknown persons came and started firing upon Mohd. Yusa, who succumbed to his injuries. 4. Learned counsel for the applicant has submitted that the role of firing has been assigned to co-accused Furkhan. In the statement of the informant recorded under Section 161 Cr.P.C. the role of firing has been assigned to the Furkhan, whereas in the statement of alleged eye-witnesses the role of firing has been assigned to co-accused persons Ziyaul and Furkhan. It is further submitted that neither in the F.I.R. nor in the statements of informant and alleged eye-witness recorded under Section 161 Cr.P.C. any role of firing has been assigned to the present applicant. It is further submitted that except two fire arm injury no other injuries inflicted on the body of the deceased. The applicant is innocent and has falsely been implicated in the present case. It is further submitted that no criminal history except the case registered in the Gangster Act on the basis of the present F.I.R. that too subsequent to the arrest of the applicant. The applicant is languishing in jail since 08.01.2021. 5. Next submission of learned counsel for the applicant is that the co-accused of this case namely Shakeel has already been granted bail by this Court by means of order dated 09.08.2021 passed in Bail No. 6924 of 2021. A copy of the bail order has been annexed as Annexure No. 9 to the affidavit filed in support of bail application. 6. A copy of the bail order has been annexed as Annexure No. 9 to the affidavit filed in support of bail application. 6. On the other hand, learned A.G.A. has opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant, particularly that no role of firing has been assigned to the applicant either in the F.I.R. or in the statement of the witnesses. 7. After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case as well as the fact that co-accused of the case has already been granted bail, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed. 8. Let applicant (Aadil) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned. (i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings. (ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.