This judgment grants bail to an applicant charged under IPC 326-B and 323. The court allowed the application based on entitlement, without expressing an opinion on the merits of the prosecution case, subject to specific conditions.
Released on bail on furnishing a personal bond and two reliable sureties subject to conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10934 of 2019
Applicant :- Salman Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Vikrant Gupta, Advocate holding brief of Sri Mohd. Aslam, learned Counsel for applicant, learned AGA for State, Ms. Sufiya Saba, learned Counsel for complainant and perused the material available on record.
This bail application has been filed by the accused-applicant Salman, who is involved in Case Crime No. 352 of 2018, under Sections 326-B and 323 IPC, Police Station Gagal Hedi, District Saharanpur.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case due to enmity and ulterior motive. The said occurrence has been taken place on 23.09.2018 and FIR has been lodged by informant who is not eye witness, after one day i.e. on 24.09.2019 without any explanation for causing delay. Medical report does not corroborate prosecution case and there are material contradictions in the statements of witnesses. Victim has not assigned any specific role to applicant. Injury report does not disclose any knife injury on any vital part of body of victim. He further submitted that co-accused Ashraf has already been granted bail on 11.03.2019 by a coordinate Bench of this Court in Criminal Misc. Bail Application No.49795 of 2018 and the applicant case is also on the same footing, therefore, he is entitle for bail on the ground of parity. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history and he is in jail since 04.01.2019. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Ms. Sufiya Saba, learned Counsel for complainant / informant as well as learned A.G.A. has opposed the prayer for bail and submitted that all the accused persons assaulted the victim and throw acid on him; victim is under treatment for six months. If the applicant is released on bail, he shall misuse liberty of bail. But factum of granting bail to co-accused is admitted by prosecution.
Considering the facts and circumstances of the case and rival contention of learned counsel, role of accused, severity of punishment if applicant is convicted, without expressing any opinion upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Salman be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 14.3.2019 I.A.Siddiqui
1 issue framed by the court
Whether the accused applicant is entitled to be released on bail considering the severity of punishment and role of accused.
Salman
State Of U.P.
Rajendra Kumar
As recorded by the court registry
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