Allahabad High Court
Wahid @ Raju vs State Of U.P. on 22 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:92288
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17700 of 2024
Applicant :- Wahid @ Raju
Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Hasan,Istiyaq Ali
Counsel for Opposite Party :- G.A.,Javed Khan,Parvez Khan
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Ali Hasan, learned counsel for the applicant, Sri Javed Khan, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.85 of 2024, under Sections 307/34 I.P.C., Police Station- Jamaniya, District- Ghazipur, during the pendency of trial.
5. As per prosecution case, the applicant alongwith two other co-accused persons is stated to have assaulted and caused stab wound to the informant on 24.3.2024 at about 06:30 p.m.
6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. There is a cross-version to the instant case as FIR No.86 of 2024 was instituted on behalf of applicant. One person had sustained injuries from the side of applicant also. Learned counsel has further stated that there being a cross-version to the instant case, at this point of time, it cannot be ascertained as to which party was the aggressor.
7. Learned counsel for the applicant has stated that the criminal history of five cases assigned to the applicant stands explained. In support of this submission, learned counsel has placed much reliance upon the judgment of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648, wherein the Supreme Court has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out.
8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is ready to cooperate with trial. The applicant is languishing in jail since 25.3.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.
9. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application.
10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
11. Let the applicant- Wahid @ Raju, who is involved in aforementioned 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.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.5.2024
Vikas
(Justice Krishan Pahal)
