Allahabad High Court
Shahnazar vs State Of U.P. on 17 August, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44744 of 2020 Applicant :- Shahnazar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan,Abdul Majeed,Sufia Saba Counsel for Opposite Party :- G.A.,Abhinav Singh Hon'ble Om Prakash-VII,J.
Heard Ms. Sufia Saba, learned counsel for the applicant, Sri Abhinav Singh, learned counsel for the informant and learned A.G.A for the State and perused the record.
It is submitted by the learned counsel for the applicant that initially FIR in this matter was lodged for the offence under Sections 147, 148, 149, 323, 324, 504, 506, 188, 452 IPC on the next day of the incident against the applicant and other co-accused. Deceased died on 21.07.2020 during treatment. Case was converted into offence under Section 302 IPC. Referring to the post mortem report and the injury report it was further argued that medical evidence does not support the oral version. Applicant is assigned weapon "lathi". Referring to the statement of the Doctor recorded during investigation it was further argued that Doctor himself has opined the injuries found on the head of the deceased except injury no. 1 could be caused with the back side of the "phawara". At this juncture, learned counsel for the applicant referred to the statement of the witnesses, namely Mobin and further argued that on specific query made by the Investigating Officer, he has made clear that co-accused Shahid caused one injury on the head of the deceased with "pharsa" and co-accused Ikrar also caused head injury with the aid of "Danda". Referring to these facts, it was further argued that injuries found on the head of the deceased, which were fatal, have not been caused by the applicant, as is clear from the statement of Mobin. Thus, it was argued that applicant was falsely implicated in this case. No active role has been assigned against him. He is in jail since 21.07.2020. Criminal case shown as criminal history have been duly explained.
Learned counsel appearing for the informant and learned A.G.A. argued that the applicant was present on the spot armed with "lathi" and he has actively participated in the commission of crime. At this juncture learned counsel for the informant referred to the post mortem report and argued that cause of death of the deceased is ante mortem injuries. Referring to the role assigned to the applicant it was further argued that the applicant has caused head injury which also resulted into death of the deceased. It was further argued that a prima facie case is made out against the applicant. Learned counsel for the informant referred to the statement of Abdul Wahab and further argued that this witness has made clear in his statement that the applicant used "lathi" for causing injuries to the deceased.
I have considered the rival submissions and have gone through the entire facts. In this matter, three injuries were found on the head of the deceased. Out of them one is said to have been caused by the co-accused Shahid and other injuries were said to have been caused by co-accused Shaukeen and Ikrar. Thus, going through the entire record and comparing the arguments of the learned counsel for the parties with the evidence available on record, the court is of the view applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shahjazar involved in Case Crime No. 149 of 2020, under Sections 147, 148, 149, 323, 324, 504, 506, 188, 452, 302 I.P.C., P.S. Kakrauli, District Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.8.2021 Sachdeva