Allowed

Maharban v. State of U.P.

Allahabad HC20 Oct 2022BAIL/29982/2022

Case brief

AI extract

What is this about?

This court allowed a bail application for the applicant, who was falsely implicated in a case of rioting and assault. The court noted the absence of specific allegations against the applicant, the assignment of specific roles to other accused, and the simple nature of injuries. The applicant was released on bail subject to standard conditions.

What did the court decide?

The applicant is released on bail pending conclusion of trial on furnishing a personal bond and two reliable sureties each of the like amount.

Maharban 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. - 29982 of 2022

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Applicant :- Maharban Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi,Awaish Khan Counsel for Opposite Party :- G.A.,Amir Khan

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri N.I. Jafri, Senior Advocate assisted by Ms. Ambreen Masroor , the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State, Shri T.A. Khan, the learned counsel for the informant and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 215 of 2022, under Sections 147, 148, 149, 323, 324, 307, 504 I.P.C., P.S. Bilari, District Moradabad.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 28-05-2022 against 7 named accused persons, including the applicant and 5 unnamed persons alleging that when the informant had gone to lift ration, a dispute occurred, during which the named co-accused Aadil fired a shot with a pistol towards the informant and another co-accused hit on his head with a 'Sabbal'. The F.I.R. does not mention any specific allegation against the applicant.

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The injury report of 4 persons have been annexed with the affidavit and X-ray examination report of 2 injured persons have also been annexed, as per which no internal damage has been suffered by any of the injured persons and the injuries appear to be simple in nature.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 29-05-2022.

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A rejoinder affidavit has been filed disclosing the applicant's involvement in Case Crime No. 327 of 2015, under Sections 323, 504, 307 I.P.C., P.S. Chandausi, district Sambhal, in which the applicant has been granted bail by the learned Trial Court by means of an order dated 14-07-2015, a copy whereof has been annexed as annexure RA-1 to the affidavit.

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7.The learned A.G.A., on the basis of instructions has 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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8.Having considered the aforesaid facts and submissions and keeping in view the fact that although the F.I.R. has been filed against 7 named accused persons and 5 unnamed persons but no specific role has been assigned to the applicant; that the specific role of assault has been assigned to two other named accused person and also keeping in view the fact that all injuries are simple in nature, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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9.Let the applicant - Maharban be released on bail in Case Crime No. 215 of 2022, under Sections 147, 148, 149, 323, 324, 307, 504 I.P.C., P.S. Bilari, District Moradabad on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 20.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.21 18:03:14 IST Reason: Location: High Court of Judicature at Allahabad

Maharban v. State of U.P.

Case brief

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Maharban v. State of U.P.

Case brief

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