Allahabad High Court
Nasir Jaleel vs State Of U.P. on 22 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21394 of 2019
Applicant :- Nasir Jaleel
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh,Jitendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Imran Ullah and Sri Dharamveer Singh, learned counsel jointly filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 5 persons including the applicant making general allegation of indiscriminate firing. In FIR no specific role has been assigned to the applicant. Thereafter, during investigation in the statements of eye witnesses Mohd. Rashid, Anees Ahmad, Hammad and Parvez it has come that on the exhortation of applicant the co-accused Nazakat Husain fired upon the deceased due to which he sustained gun shot injury. According to postmortem report fire arm wound of entry with its exit wound has been found to the deceased and the cause of death of the deceased has been shown shock and haemmohrage due to ante mortem fire arm injury. The role of causing injury to the deceased with fire arm has been assigned to co-accused Nazakat Husain. The applicant had not caused any injury to the deceased and from the fire of applicant no one has sustained injury. It has further been submitted that there is civil dispute in between the parties. The applicant has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The case of the applicant is distinguishable from the case of co-accused Nazakat Husain. The applicant has no criminal history and is in jail since 21.10.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that applicant is named in the FIR. The applicant and other co-accused made indiscriminate firing at the time of alleged occurrence due to which the deceased sustained gun shot injury. It has further been submitted that in the statements of eye witnesses it has come that on the exhortation of applicant the co-accused Nazakat Husain fired upon the deceased due to which he sustained gun shot injury. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Nasir Jaleel involved in Case Crime No. 510 of 2018, under section 147, 148, 302/149, 504/34 IPC, P.S. Dhampur, District Bijnor be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.5.2019
Masarrat
