The High Court allowed a criminal bail application filed by the applicants in a family dispute case under IPC sections 147, 148, 149 and others. The court set conditions for bail including cooperation in the trial and attendance on crucial dates.
The applicants be enlarged on bail by executing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:128963
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14761 of 2023
Applicant :- Tahir Ali And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava,Raman Pandey
Counsel for Opposite Party :- G.A.,Satya Prakash Singh
Hon'ble Syed Aftab Husain Rizvi,J.
Rejoinder Affidavit filed today in the Court is taken on record.
Heard Mr. Ravindra Prakash Srivastava, learned counsel for the applicants, learned A.G.A. for the State and Satya Prakash Singh, learned counsel for the first informant.
The instant bail application has been filed on behalf of the applicant with a prayer to release the applicants on bail in Case Crime No.170 of 2022, under Sections 147, 148, 149, 323, 325, 452, 504, 506, 308 I.P.C., P.S.-Nagar, District Basti, during pendency of the trial.
It is alleged in the F.I.R. that nine named accused persons on account of family dispute, assaulted the informant and other family members. Learned counsel for the applicants submitted that applicants are innocent and have falsely been implicated in the present case due to ulterior motive. No specific role has been assigned to the applicants. General role has been assigned to all the accused persons. The injuries sustained by the injured are simple in nature. One fracture on the finger of foot has been registered. A complaint was also lodged by the applicants against the informant and applilcants' side also received injury. There is no evidence against the applicants to connect them in the present case. The applicants have no criminal history. Moreoer, there is no prospect of trial of the present case being concluded in near future. The applicants are languishing in jail since 16.03.2023 and in case, they are released on bail they will not misused the liberty of bail and cooperate in trial. It is further submitted that the co-accused Sabnam Bano, Mohammad Nizam and Sakina with identical role have been granted bail by co-ordinate benches of this Court.
Learned A.G.A. opposed the bail prayer of the applicants and submitted that injured has suffered serious injuries. It is not disputed on behalf of the opposite party that the co-accused have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and coaccused persons have already been granted bail by co-ordinate benches of this Court, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicant- Tahir Ali, Mohammad Alam and Mohammad Anas involved in the aforesaid case, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
This bail order would be subject to the fulfillment of following conditions:-
Order Date :- 26.6.2023 Aditya Tripathi/SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are entitled to bail in the pending trial under sections 147, 148, 149 and others of the IPC.
Whether the grant of bail to co-accused persons weighs in favor of granting bail to the applicants.
Tahir Ali And 2 Others
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
