Allowed

Qamar v. State of U.P.

Allahabad HC24 Nov 2022BAIL/28033/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by the applicant Qamar accused under Section 307 IPC. Relying on parity, the Hon'ble Court observed that the co-accused Imran had already been granted bail as injuries were not caused to vital parts. The applicant is to be released on personal bond and two sureties subject to standard bail conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties to the satisfaction of the lower court.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28033 of 2022

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Applicant :- Qamar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mahendra Singh, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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Rejoinder affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 161 of 2022, under Section 307 IPC, Police Station Islamnagar, District Budaun during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by the Station House Officer against two accused persons (1) Qamar and (2) Imran stating that during checking of suspicious persons and vehicles, the Police gave indication to a motorcycle to stop, instead of stopping the motorcycle, the rider sped away. When the Police chased them, the persons riding the motorcycle opened fire towards the Police Party and one of the bullet hit a constable on his right arm. In the fire made by the Police persons in self defence for arresting the miscreants, a bullet had hit the applicant on his leg. The applicant was arrested from the spot and the other co-accused Imran escaped.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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The State has filed a counter affidavit opposing the prayer for grant of bail to the applicant. In paragraph No. 7 of the counter affidavit, the applicant's involvement in 13 cases has been disclosed. A copy of the medico legal examination report of the injured Constable has been annexed with the counter affidavit mentioning a fire arm injury on his right fore-arm. The statement of the informant has been annexed with the counter affidavit which supports the F.I.R. allegations.

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A rejoinder affidavit has been filed on behalf of the applicant

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in which, it has been stated that apart from the present case, the applicant is involved in 14 other cases, in all of which, he has already been granted bail.

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The learned counsel for the applicant has submitted that the co-accused Imran has already been granted bail by means of an order dated 02.11.2022 passed by this Court in Criminal Misc. Bail Application No. 32430 of 2022.

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The applicant is languishing in jail since 08.05.2022.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that the other named co-accused Imran has already been granted bail in the present case and one of the considerations mentioned in the bail order of Imran is that the injury has not been caused to the Police persons on any vital part of the body, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Qamar be released on bail in Case Crime No. 161 of 2022, under Section 307 IPC, Police Station Islamnagar, District Budaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 24.11.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.29 15:11:55 IST Reason: Location: High Court of Judicature at Allahabad

Qamar v. State of U.P.

Case brief

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Qamar v. State of U.P.

Case brief

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