The High Court allowed a bail application filed by Naiyyare Azam. The court found it a fit case for bail, subject to specific conditions regarding tampering with evidence and appearing in trial, without expressing an opinion on the merits.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19697 of 2019
Applicant :- Naiyyare Azam Opposite Party :- State Of U.P. Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 9.5.2019.
Vakalatnama filed today by Sri M.I.Farroq, Advocate on behalf of complainant is taken on record.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons namely, Parvej Mumtaj, Ahad Mustaq, Maiyare Azam and Amila alleging that on 3.11.2016 they assaulted Laik Ahmad, Majid and Abusad, they received injuries. Laik Ahmad received one head injury.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of head injury. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature. Injuries are not dangerous to life. He is languishing in jail since 8.1.2019 (more than four months), criminal history of one case has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
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 submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Naiyyare Azam involved in Case Crime No. 314 of 2016, under Sections 308, 323, 325, 504, 506 IPC, Police Station Nizamabad, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 9.5.2019 A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of offences and period of custody.
1 provisions across 1 enactments
Naiyyare Azam
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
