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Allahabad High Court · body

2022 DIGILAW 1641 (ALL)

Asif v. State of U. P.

2022-10-12

DEEPAK VERMA

body2022
JUDGMENT : DEEPAK VERMA, J. 1. Heard Sri Mohd. Faiz, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 216 of 2022, registered under Sections 147, 148, 149, 323, 307, 504, 506, 354, 427, 336, 452 I.P.C. Police Station Baheri, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a case of counterblast as both the parties have lodged FIR and both the parties have sustained injuries. It cannot be said that who is the aggressor. Injuries received by opposite side are simple in nature. He next submitted that co-accused, namely, Kasim, has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 21270 of 2022 vide order dated 15.07.2022, hence, the applicant is also entitled for bail on the ground of same footing. The applicant has no previous criminal history. The applicant is languishing in jail since 02.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil vs. C.B.I. and Another, S.L.P. (Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Asif, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified: 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. Further, before issuing the release order, the sureties be verified: 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.