The court allowed the bail application of Tahir Khan in a criminal case involving assault and injury. The court noted the applicant was not named in the FIR and the injured party attributed the offense to a co-accused, allowing release on personal bond and sureties.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6026 of 2023
Applicant :- Tahir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh,Abhishek Kumar Saroj,Shahnawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Eyaz Khan, Advocate, holding brief of Sri Shahnawaz Khan, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.324 of 2022, under Sections 147,148,149, 307,323 and 504 IPC, Section 7 Criminal Law Amendment Act and Section 3/25 Arms Act, Police Station Ganj, District Rampur during pendency of the trial.
FIR of the present case was lodged agaisnt four persons (non applicant) and according to the FIR nominated accused persons abused the informant and started fighting with her and thereafter accused Faizan and Faiz started firing and coaccused Faizan opened fire due to which the son of the informant sustained injuries on his leg.
Learned counsel for the applicant submitted that applicant is not named in the FIR but during investigation when the statement of one alleged eye witness Pervez was recorded under Section 161 Cr.P.C. then he disclosed the name of applicant but he also assigned the role of causing fire arm injury to injured Mohd. Kasif to co-accused Faizan. He next submitted that when the statement of injured Mohd. Kasif was recorded then he also attributed the role of causing fire arm injury to co-accused Faizan.
He further submits that applicant is although having criminal history of 46 cases but in 45 cases he has already been acquitted and in remaining one case he is on bail and a specific averment in this regard has been made in paragraph-21 to the affidavit filed in support of the present bail application. He further submits that applicant is in jail in the present matter since 29.12.2022.
Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument advanced by the learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
Although applicant was having criminal history of 46 cases but in 45 cases he has already been acquitted and in remaining one case he is on bail and in the present matter only allegation against him is that he was also present at spot along with other co-accused persons. Further, he was also not named in the FIR and even injured Mohd. Kasif attributed the role of causing injury to co-accused Faizan, therefore, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Tahir Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 10.4.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, not named in the FIR and accused of causing injuries by a co-accused, is entitled to bail despite a long criminal history where most resulted in acquittal.
4 provisions across 4 enactments
Tahir Khan
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
