Application for bail filed by Faiz under Sections 307, 323, 506 IPC. The court allowed bail, noting a vague role in the FIR, contradictions in witness statements, non-life-threatening injury, and lack of criminal history. A personal bond and sureties were ordered.
Applicant Faiz enlarged on bail by furnishing a personal bond and two sureties with the court below.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3698 of 2023
Applicant :- Faiz Opposite Party :- State of U.P. Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.324 of 2022 at Police Station-Ganj, District-Rampur under Sections 307, 323, 504 IPC.
The bail application of the applicant was rejected by the learned trial court on 14.12.2022.
The following arguments made by Shri Imran Mabood Khan, learned counsel assisted by Shri Abdul Majid, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:
(1). A vague and general role has been assigned to the applicant in the F.I.R.
(2). There are material contradictions in the statements of various witnesses which discredit the prosecution case.
(3). The applicant has not been identified as the principal offender who inflicted life threatening injury on the injured.
(4). The injured has not suffered the gun shot on a vital part and the injury is not life threatening.
(5). The applicant does not have any criminal history apart from this case.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Faiz be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 17.2.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the specific circumstances outlined in the judgment.
Faiz
Ajay Bhanot
As recorded by the court registry
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