In this bail application, the court granted release on bail to the applicant, Suraj Ahmad, who was accused under Section 326-A IPC, finding it a fit case for bail without commenting on the merits.
The applicant Suraj Ahmad was released on bail by furnishing a personal bond and two sureties each, subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9824 of 2019
Applicant :- Suraj Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Kumar Gautam,Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged on 26.7.2018 by Smt. Haseen Bano, on 21.7.2018 she was going to her home from the house of her brother Mukhtar and at about 4:00 p.m., her husband Nanhe @ Nabi Ahmad and Dewar Suraj Ahmad thrown some inflammable liquid (Acid) on her, resulting in burn injuries on right side of her face; that in her statement under section 161 Cr.P.C., victim/first informant has made specific averments, assigning role of throwing acid on her to her husband with whom she is in litigation; that in F.I.R., no specific role of throwing acid on first informant has been assigned to applicant and applicant had no motive to throw acid on her; that undisputedly husband and wife are in litigation in case crime no.1439 of 2007, under sections 498-A IPC and 3/4 D.P. Act and Case No.1183 of 2011 under Domestic Violence Act, filed at the instance of first informant; that case of applicant is distinguishable from Nanhe @ Nabi Ahmad husband of victim/first informant; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 10.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Suraj Ahmad be released on bail in Case Crime No.334 of 2018, under Section 326-A I.P.C., P.S. Kotwali, District Pilibhit on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 7.3.2019 Tamang
1 issue framed by the court
Whether the applicant is eligible for bail in the present bail application.
Suraj Ahmad
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
