Rashid v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15708 of 2019 Applicant :- Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- Rama Shankar Mishra,Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sunil Kumar

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant, Sri Sunil Kumar, learned counsel for the complainant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant – Rashid with a prayer to enlarge him on bail in Case Crime No.307 of 2018, under Sections 307, 504, 506 I.P.C., Police Station Khurja Dehat, District Bulandshahar.

It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that for the alleged incident dated 6th November, 2018, the first information report has been lodged by Ishtkar i.e. brother of the victim, namely, Yusuf on 8th November, 2018, i.e. after two days from the date of incident, for which no plausible explanation has been given, which makes the prosecution case doubtful. In the first information report, it has been alleged that due to earlier dispute, all the named accused persons, namely, Shan Mohammad, Furkan and Rashid (applicant) had taken the victim to the forest where they assaulted him by knives due to which he sustained injuries. In the statement recorded under Section 161 Cr.P.C., the role of causing injuries by knife to the injured has been assigned to the co-accused Shan Mohd. whereas the role of catching hold the injured has been assigned to the applicant along with other co-accused, namely, Furkan. The role of applicant and co-accused Furkan is distinguishable from that of other accused Shan Mohd. who had caused injury to the injured. It has further been argued that the injured has been examined as P.W.1 and has not supported the prosecution version as unfolded in the first information report as well as in the statements of the injured. Co-accused Furkan, having identical role, has been granted bail by this Court vide order dated 01.07.2019 passed in Crl. Misc. Bail Application No.25484 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall