Court granted bail to applicants involved in a sudden fight case citing parity with co-accused already released and their lack of criminal history.
Applicants released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7005 of 2018
Applicant :- Saeeda @ Saeed And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sheshadri Trivedi,Sr. Advocate,Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
According to the prosecution story, the F.I.R. was lodged against 14 accused persons including the present applicants, alleging that indiscriminate firing and assault with lathi-danda was made and eight persons have sustained injuries.
Learned counsel for the applicant submitted that there is a cross case which was registered on the same day against 19 persons under Sections 147, 148, 149, 307, 323 IPC in case crime no. 236 of 2017. It was a case of sudden fight and incident has taken place spur of moment, both sides have received injuries. At this stage, it is not possible to decide that who is the aggressor. Co-accused Tahir, Irfan, Azeem, Haseen Babu and Kaleem have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 30.10.2017 and 8.11.2017 passed in Criminal Misc. Bail Application No. 41261 of 2017 and 31008 of 2017, since the role of the applicants are identical to that of the co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants further submit that the applicant no. 1 is in jail since 17.12.2017 (more than two months), applicant no. 2 is in jail since 13.12.2017 (more than two months) and applicant no. 3 is languishing in jail since 15.12.2017 (more than two months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicants Saeeda @ Saeed, Yaseen and Islam involved in Case Crime No. 235 of 2017, under Sections 147, 148, 149, 307, 308, 323, 504, 506 IPC, P.S. Deveraniya, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.2.2018 A. Singh
2 issues framed by the court
Whether the present applicants are entitled to bail on the ground of parity with co-accused who have already been enlarged on bail.
Whether the lack of criminal history and sudden fight circumstances justify the release on bail.
Saeeda @ Saeed And 2 Others
Aniruddha Singh
As recorded by the court registry
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