Allowed

Riyasat and Another v. State of U.P.

Allahabad HC20 Aug 2020BAIL/20217/2020

Case brief

AI extract

What is this about?

This order grants bail to applicants Riyasat and Firasat, who had no specific role assigned in an alleged mass violence and cow slaughter case, releasing them on a personal bond and two sureties each on probationary conditions.

What did the court decide?

Release of applicants on bail by furnishing a personal bond and two sureties each in the like amount, with conditions against tampering and intimidating witnesses.

Riyasat and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20217 of 2020

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Applicant :- Riyasat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicants through video conferencing, learned AGA for the State and perused the record.

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Learned counsel for the applicants submits that according to prosecution case in the night in between 26/27.5.2020 the first informant SHO Pramod Kumar Singh along with his police party went to the village Taprana to arrest to exiled accused namely Mulla @ Imran and Afjal who were wanted in cow slaughter case. The police party made raid and arrested to both of them from their houses. It is alleged that on their provocation 42 named and 82-90 unknown persons of village gathered on the spot and started stoning assault and firing upon police party and got them freed from police party due to which jeep and PVR of police party were damaged and S.I. Sanjay Kumar, Suneel Kumar Solanki and constable Rajeev received injuries. There is general allegation against the applicants. No specific role has been assigned to them. The injuries of injured persons are not fatal to life. As per X-ray report dislocation has been found to the injured Rajeev in his upper right tooth. It has further been submitted that it is not clear that who had caused injury to the injured persons. General allegation has been made against 42 named persons and 80-90 unknown persons. In the first information report no weapon has been shown in the hands of the applicants. Nothing incriminating has been recovered from the possession of the applicants or on their pointing out. The applicants have not committed the alleged offence. There is no criminal history of the applicants and they are in jail since 27.5.2020.

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Per contra, learned AGA opposed the prayer for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicants Riyasat and Firasat involved in Case Crime No. 247 of 2020, under Sections 147, 148, 149, 224, 323, 325, 333, 353, 307, 188, 269, 270, 271, 427, 504, 332 IPC and 7 Criminal Law Amendment Act, section 3 Prevention of Damages to Public Property Act 1984 and Section 3 Epidemic Disease Act 1897, Police Station Jhinjhana District Shamli be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants will not tamper with the evidences.

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The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.

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The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.

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Order Date :- 20.8.2020 Gss

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Digitally signed by Justice Bachchoo Lal Date: 2020.08.20 15:28:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Riyasat and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Riyasat and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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