Mohd. Afzal vs State Of U.P.
2016 Latest Caselaw 7547 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42047 of 2016
 

 
Applicant :- Mohd. Afzal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dharnidhar Pandey,Kamal Kumar Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Naheed Ara Moonis, J.

Free copy of bail rejection order is being supplied today, which is taken on record.

Heard learned counsel for the applicant and learned A.G.A appearing on behalf of State & perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer that the applicant may be admitted to bail during the pendency of trial in Case Crime No. 1150 of 2016 under Sections 147, 148, 149, 504, 506, 323, 307 of I.P.C Police Station ? Purani Basti, District - Basti.

It is contended by learned counsel for the applicant that the applicant has falsely been implicated in the present case on account of false allegations made in the F.I.R. The first information report was lodged on 02.06.2016 at 22:10 p.m. against six named and 15 unknown persons who had allegedly snatched Rs.70,000/- cash from the son of the complainant and on resistance, the accused persons assaulted him with kick ,fist and fisticuffs as a result of which he sustained fatal injuries and was medically examined. Common role has been assigned to all the accused persons. It is not ascertainable who has caused injury to the victim. There is material inconsistency in the prosecution version and the medical report.

It is pointed out that co-accused ? Guddan and Rinku have already been granted by this Court on 21.11.2016 and 28.11.2016 vide Criminal Misc. Bail Application No. 40322 of 2016 ? (Guddan Vs. State of U.P) and Criminal Misc. Bail Application No. 41438 of 2016 ? (Rinku Vs State of U.P). The applicant is absolutely innocent and has been languishing in jail since 17.09.2016. In case he is released on bail, he will not misuse the liberty of bail.

On the other hand learned AGA contended that the victim has sustained fatal injuries on his head. The investigating officer has submitted charge sheet against the applicant and the other accused persons. The applicant cannot claim his innocence at this stage.

Having considered the aforesaid submission advanced by learned counsel for the parties, it is provided that the applicant ? Mohd. Afzal, involved in Case Crime No. 1150 of 2016 under Sections 147, 148, 149, 504, 506, 323 & 307 of I.P.C, Police Station - Purani Basti, District ? Basti, be enlarged on bail on his executing a personal bond & two heavy sureties each in the like amount to the satisfaction of the court concerned with following conditions:-

1. The applicant will not tamper with the evidence during trial.

2. The applicant will not pressurise/intimidate with the prosecution witnesses.

3. The applicant will appear before the trial court on the date fixed.

In defiance of any of conditions, the prosecution would be at liberty to move application for cancellation of bail.

Order Date :- 14.12.2016.

Vinod.