Allahabad High Court
Akram Alias Raju vs State Of U.P. on 23 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58029 of 2022 Applicant :- Akram Alias Raju Opposite Party :- State of U.P. Counsel for Applicant :- Mumtaz Ahmad Siddiqui,Mohd.Sartaz Ahmad Siddiqui,Syed Mohammed Jafer Husain Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Mumtaz Ahmad Siddiqui, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.
The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 175 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B IPC, under Section 3/4/5 Explosive Substance Act, under Section 7 of Criminal Law Amendment Act, 83 Juvenile Justice (Care and Protection of Children) Act and under Section 3/4 Prevention of Damages to Public Property Act, Police Station Kareli, District Prayagraj during pendency of the trial.
According to the prosecution case, more than 200 persons gathered after Friday prayer on 10.06.2022 and damaged the public property and also damaged several motorcycles of the police and in the incident some police personnel also sustained injuries and they badly disturbed public tranquility and name of applicant was disclosed during investigation.
Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation when the statement of one police personnel was recorded then he disclosed the identity of the applicant. He further submits that it is alleged that applicant was also part of the mob. He further submits that entire allegation made against the applicant is totally false and applicant neither participated in the crime nor damaged public property. He next submitted that in the FIR 14 persons were named and out of them number of accused persons have already been released on bail by the co-ordinate Bench of this Court and he provided the details of the same in paragraph no. 11 of the affidavit filed in support of bail application. He further submitted that during investigation one co-accused Mohd. Faiz was also made accused but he has been released on bail by the co-ordinate Bench of this Court vide order dated 25.11.2022 in Criminal Misc. Bail Application No. 53492 of 2022 and the case of applicant is at par with co-accused Mohd. Faiz and case of applicant is on better footing than the case of accused persons who were named in the FIR. He next submitted that although applicant has also implicated previously in one case but in that case he has already been enlarged on bail and in the present matter applicant is in jail since 11.06.2022.
Per contra, learned AGA opposed the prayer for bail and submitted that it is a case in which as many as 200 persons disturbed public law and order and damaged the public property and in the incident some police personnel also sustained injuries and they also hurled bombs and some motorcycles of the police personnel were set on fire but learned AGA could not dispute the fact that applicant was not named in the FIR and number of accused persons have been released on bail.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of record, it appears that applicant was not named in the FIR and his named was disclosed during investigation and number of accused persons, who were named in the FIR, have already been enlarged on bail and detail of the same has been averred in paragraph no. 11 of the affidavit filed in support of bail application and co-accused Mohd. Faiz whose complicity also revealed during investigation, has been released on bail and applicant is in jail since 11.06.2022, therefore, in view of this Court, it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant - Akram Alias Raju 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 anti-social 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 :- 23.1.2023 AK Pandey