Allowed

Baseem v. State of U.P.

Allahabad HC26 May 2022BAIL/18426/2022

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad granted bail to applicant Baseem in a criminal case involving Sections 147, 307, and 324 IPC arising from a family dispute. The court considered the non-fatal injury to the cousin, the bail of a co-accused, and the possibility of tampering with evidence before ordering release on personal bond and two sureties under specific conditions.

What did the court decide?

Ordering applicant Baseem to be released on bail by furnishing a personal bond and two reliable sureties of like amount.

Baseem Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18426 of 2022

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Applicant :- Baseem Opposite Party :- State of U.P. Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Mr. Ali Hasan, Assisted by Mr. Istiyaq Ali, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 25 of 2022, under Sections- 147,307,324 IPC, Police Station Lohamandi, District Agra.

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The submissions of learned counsel for the applicant are that injured is the cousin brother of the applicant which itself is evident from the FIR. On account of some dispute altercation took place between the family members of the applicant and the informant on the date indicated in the FIR i.e. on 12.2.2022. In this incident injured sustained injuries. Thereafter the informant being annoyed implicated the applicant and his other family members. During the investigation statement of the injured was recorded in which role of causing injuries with knife has been attributed to the applicant. On specific query put to the injured by the investigating officer injured also stated that he sustained injuries with knife by Baseem (applicant) and Asif.

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On query being made to the learned A.G.A. he based upon the instructions received submitted that injured firstly has assigned the role of causing injuries to the present applicant and thereafter has assigned the role of causing injuries to the applicant (Baseem) and co-accused Asif.

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Counsel for the applicant further submitted that no doubt that injured sustained injuries but the injuries are not fatal.

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It is further submitted that from the FIR as well as statement of the injured it is apparent that on spur of moment, the incident took place, as such Section 307 IPC would not attract. It is also stated that co-accused Asif has already been granted bail by this Court vide order dated 12.5.2022 passed in Criminal Misc. Bail Application No.17720 of 2022. The applicant is having no previous criminal history and is in jail since 15.2.2022 and the possibility of conclusion of trial in near future is extremely bleak.

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It is further submitted that applicant, without accepting the case of prosecution, would provide financial assistance to the injured by paying an amount to the tune of Rs. 25,000/-. At this stage, it would be appropriate to mention that on this ground, the applicant is not entitled to be released on bail.

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It is also submitted that from the side of the informant an application has already been moved before the investigating officer stating that he is not inclined to pursue the matter further and it is possible that the said application would be considered at the time of preparation of report as required under Section 173 Cr.P.C.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate with the prosecution as also in trial.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for

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parties, material available on record, as well as totality of facts and circumstances including that the co-accused Asif has already been granted bail by this Court and the possibility of conclusion of trial in near future and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Baseem be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Any violation of above conditions will be treated misuse of bail

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and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 26.5.2022 M. Tarik

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Digitally signed by MOHD TARIK Date: 2022.05.27 17:24:29 IST Reason: Location: High Court of Judicature at Allahabad

Baseem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Baseem v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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