In a bail application under Sections 323, 324, 325, 308, 452, 504 IPC, the court observed the incident was a cross-case where both sides received injuries. Unable to determine the aggressor at the trial stage, the court allowed bail subject to conditions.
Release of applicant on bail on furnishing a personal bond and two local sureties of equal amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29715 of 2019
Applicant :- Zafar Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.,Dr.Arun Kumar Srivastava
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Dr. Arun Srivastava, learned counsel filed his vakaltnama on behalf of the informant today, is taken on record.
Heard Sri Jitendra Kumar Yadav, learned counsel for the applicant, Sri Dr. Arun Srivastava, learned counsel for the informant, Sri Om Ptakash Misrha, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Zafar Khan with a prayer to release him on bail in Case Crime No. 253 of 2019, under Sections 323, 324, 325, 308, 452, 504 I.P.C., Police Station- Pooranpur, DistrictPilibhit , during pendency of trial.
It is argued by the learned counsel for the applicant that for the incident dated 05.04.2019 at about 10:30 hours, the F.I.R. has been lodged by the informant on 07.06.2019 against three accused persons including the applicant whereas for the same incident, the N.C.R. has been lodged by the applicant's side on the same day, i.e. 05.04.2019 against the informant's side. From the side of the applicant, three persons have received injuries whereas from the side of the first informant, one person has received injuries. Learned counsel for the applicant has next submitted that it is a cross case in which both sides have received injuries and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. The applicant is languishing in jail since 12.06.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail prayer of the applicant by contending that the innocence of the applicant
cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.8.2019 JK Yadav
1 issue framed by the court
Whether the applicant should be released on bail pending trial in a cross-case involving injuries to both sides.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Zafar Khan
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
