Single judge of a High Court considered bail application in a criminal trial involving offences under IPC 147, 148, 149, 307, and others. The application was allowed on reference to Data Ram. Bail granted under personal bond and two sureties.
Applicant released on bail with personal bond, two sureties, and conditions of cooperation and non-tampering.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18201 of 2022
Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Sr. Advocate Counsel for Opposite Party :- G.A.,Mohd Zubair,Nasira Adil
Hon'ble Ajit Singh,J.
Heard Sri V.M. Zaidi, learned Senior Advocate assisted by Sri M.J. Akhtar, learned counsel for the applicant, Miss. Nasira Adil, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 424 of 2021, under sections 147, 148, 149, 323, 307, 504 and 506 I.P.C., P.S. Shahpur, district-Muzaffarnagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that in the FIR general allegation of assault with firearm, sword, tabal, balkati, gadasa and iron rod has been made against ten persons, including present accused. No specific role has been assigned to the applicant. He also submits that the injured Hussaindeen in his statement recorded under section 161 Cr.P.C. has specifically stated that although the present accused had fired upon him but he was hair escaped. Further submission is that doctor has not opined anywhere in the medical report that the injury sustained by the injured are dangerous or fatal to life. He has lastly submitted that the applicant has no criminal history and he is languishing in jail since 20.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Saddam involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 4.7.2022 Faridul
Digitally signed by FAREEDUL HASAN Date: 2022.07.08 10:01:03 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of trial considering the nature of the offence.
Whether the general allegation of assault and lack of assignment of specific role support the grant of bail.
Colour shows how this judgement treated each authority
Data Ram versus State of U.P. and othersExplained¶9
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Saddam
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
