The High Court refused bail to the applicant accused of causing firearm injury. The court found the role specific and distinguishable from a co-accused on bail, rejecting the prayer for bail.
The prayer for bail is refused and the application is rejected.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33576 of 2022
Applicant :- Sadiq Ali Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.,Araf Khan,Sonakshi Arora
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed today is taken on record.
Heard the learned counsel for the applicant, Sri Araf Khan, the learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
The present bail application has been moved for enlarging the applicant Sadiq Ali on bail in Case Crime No. 350 of 2021, under Sections 147, 148, 149, 323, 307, 504, 506 I.P.C.., PSCivil Lines, District-Aligarh.
Learned counsel for the applicant made submission that applicant has been falsely implicated in the present case. It has further been submitted that F.I.R. has been lodged against six accused persons including the applicant. It has further been submitted that general role has been assigned to all the accused persons in the F.I.R. It has further been submitted that statement of the injured Arman Ali was recorded by the Investigating Officer after 47 days of the incident wherein he has falsely implicated the applicant with the collusion of his friends. It has further been submitted that co-accused Mohd. Babar has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 21.07.2022 passed in Criminal Misc. Bail Application No. 27604 of 2022. It has further been submitted that applicant has 10 cases criminal history which has been explained in para-11 of the affidavit filed in support of bail application and in para-3 of the supplementary affidavit. It has further been submitted that applicant is languishing in jail since 07.06.2022
Per contra learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail stating that injured has specifically assigned the role of causing firearm injury to the applicant and the role of applicant is distinguishable to the co-accused who has already been granted bail. It has further been submitted that injury report of the injured discloses that he received injury on his vital part. It has further been contended that accused-applicant was taken on
police custody remand under the orders of the Court and the weapon used in the crime was recovered on his pointing out. Hence, the applicant/accused is not entitled for bail.
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned A.G.A. for the State as well as learned counsel for the informant and also the fact that the applicant was named in the F.I.R., injured Arman Ali has assigned specific role of causing fire arm injury to the applicant, injury report corroborates the statement of the injured, the role of the applicant is distinguishable to the coaccused who has already been released on bail, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, the prayer for bail is refused.
Accordingly, the application is rejected.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.9.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.19 10:16:23 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 given the specific role assigned to him in the FIR and the corroboration by the injury report.
If the distinguishing role of the applicant compared to a co-accused already on bail entitles him to bail.
Sadiq Ali
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
