Bhure Qureshi @ Shakeel Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:58514

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9172 of 2024

Applicant :- Bhure Qureshi @ Shakeel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the first information report that due to enmity regarding stale meat given to the nephew of the injured, on 25.3.2024 at about 6.10p.m. while the injured reached Shahabad and was going home, then five named and six unnamed persons with a common intention, armed with lathi danda and country made pistol attacked and consequently, his brother Suhail Khan was injured on his neck and hand, with fire arm.

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3. Learned counsel for the applicant submits that general role of assault has been levelled on all the accused persons. Role of firing has been attributed to co-accused Nayeem Qureshi with . 315 country made pistol and Rizwan who has allegedly fired with .12 bore fire arm weapon. The injured has received fire arm injuries caused by the co-accused persons and not by the applicant which is evident from the statement of Suhail Khan.

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The applicant has been falsely implicated. The applicant has no previous criminal history. The applicant is in jail since 26.4.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged

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on bail, he shall not misuse the liberty of bail.

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4.A perusal of the injury report shows that 10 fire arm pellet injuries have been received by the injured. The nature of injuries is simple. There is no injury from a blunt weapon or lathi or danda.

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5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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6. Considering the facts and circumstances of the case, general role has been assigned to the applicant, the fact that the applicant has no criminal history, charge sheet has been filed, injured has received fire arm injuries which are attributed to coaccused Rizwan, and not to the present applicant, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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7. Let the applicant Bhure Qureshi alias Shakeel, involved in Case Crime No.126 of 2024 under sections 147, 148, 149, 307 I.P.C., P.S. Shahabad, district Hardoi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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8. The application is allowed accordingly.

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Order Date :- 28.8.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Bhure Qureshi @ Shakeel v. State of U.P. Thru. Prin. Secy. Home Lko.

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Bhure Qureshi @ Shakeel v. State of U.P. Thru. Prin. Secy. Home Lko.

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