Mohd. Tarique and Another vs State of U.P. Thru. Secy. Deptt. of Home Affairs Lko

Court No. - 14

Case :- CRIMINAL APPEAL No. - 2407 of 2024

Appellant :- Mohd. Tarique And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Affairs Lko Counsel for Appellant :- Anand Pal Singh Counsel for Respondent :- G.A.

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Hon'ble Shree Prakash Singh,J.

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[Criminal Misc. Application No. 1 of 2024)

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Heard Sri Ashish Kumar Singh, learned counsel for the applicants/appellants as well as the learned A.G.A. for the State.

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The appellants/applicants, Mohd. Tarique and Sadik, seek bail in this appeal, which has been preferred against the judgment and order dated 04.07.2024 passed by the Court of the learned Addl. Sessions Judge, Court No. 4/Special Judge (E.C. Act), Gonda, in Sessions Trial No. 04 of 2016, arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, convicting and sentencing the appellant under Sections 307/149,147, 148, 504, 505, 506, 332/149, 353/149, 296, 188, I.P.C. and Section 7 of Criminal Law Amendment Act.

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It has been submitted by learned counsel for the applicants/appellants that it is a case of no injury, which is evident; after looking into statement of the investigating officer, who has admitted that no statement of the doctor was recorded by him. He has also submitted that trial court has not examined any doctor, but the appellants have been convicted under section 307 IPC for 10 years. He has further submitted that no one has seen the appellants on the spot when the altercation took place. He has submitted that the appellants are in jail since 04.07.2024, and they were also in jail for about six months during the trial.

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Several other submissions in order to demonstrate the falsity of the allegations made against the appellants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellants that they are ready to cooperate with the process of law and shall faithfully make themselves

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available before the court whenever required.

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Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.

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Learned Additional Government Advocate has opposed the bail, but he could not dispute the fact that no doctor was examined or that any injury was received by any one.

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Considering the overall argument that no doctor was examined or that any injury was received by any one; applicants have no criminal history and they are in jail since 04.07.2024; the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that it is a fit case for bail. The bail-application is accordingly allowed.

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Let the appellants/applicants, namely, Mohd. Tarique and Sadik , convicted and sentenced in Sessions Trial No. 04 of 2016, arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, under Sections 307/149,147, 148, 504, 505, 506, 332/149, 353/149, 296, 188, I.P.C. and Section 7 of Criminal Law Amendment Act, be released on bail on their executing personal bonds and two sureties, each in the like amount, to the satisfaction of the court concerned.

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On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 14.8.2025 kkv/

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

Mohd. Tarique and Another v. State of U.P. Thru. Secy. Deptt. of Home Affairs Lko

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Mohd. Tarique and Another v. State of U.P. Thru. Secy. Deptt. of Home Affairs Lko

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