Allahabad High Court
Faisal Raza vs State Of U.P. on 14 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4911 of 2023 Applicant :- Faisal Raza Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Azad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Faiz Ahmad, Advocate holding brief of Sri Ankur Azad, learned counsel for the applicant and Sri Jhamman Ram, learned AGA 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, 153B, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120B IPC and 3/4 Explosive Substances Act, Section 7 Criminal Law Amendment Act, under Section 83(2) Juvenile Justice (Care and Protection of Children) Act and 3/4 Prevention of Damage to Public Property Act, P.S. Kareilly, District Prayagraj during pendency of the trial.
FIR of the present case was lodged on 11.06.2022 against 14 named and 200 unnamed persons and according to the FIR the mob of more than 200 persons created ruckus and damaged public properties and they badly disturbed law and order and in the incident some police personnels sustained injuries too.
Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation his complicity was revealed. He further submits that on the basis of general allegation in the FIR 14 persons were nominated along with 200 unnamed persons and only on the basis of general allegation applicant has been made accused in the present matter. He further submits that number of accused persons have already been released on bail and he produced the bail orders of Farhan Ahmad, Saif and Fazir Ali @ Fazil Ali, which are taken on record. He further submits that these three accused persons were also not named in the FIR and they have already been released on bail and case of applicant is also at par with them. He further submits that although applicant was not having any previous criminal history but after the present case he was implicated in two other cases and in the present matter he is in jail since 11.06.2022.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that applicant was not named in the FIR and his complicity was revealed during investigation and number of accused persons, who were also named in the FIR have already been enlarged on bail.
I have heard learned counsel for the parties and perused the record of the case.
Present case is a case of mob violence, in which, 14 persons were named in the FIR and 200 persons were unnamed in the FIR and applicant was not named in the FIR and his complicity was revealed during investigation and it appears that on the basis of general allegation applicant has been made accused in the present matter and number of accused persons have already been released on bail including co-accused Farhan Ahmad, Saif and Fazir Ali @ Fazil Ali by the co-ordinate Benches of this Court vide bail orders dated 24.11.2022, 17.10.2022 and 10.11.2022 in Criminal Misc. Bail Application Nos. 42324 of 2022, 41400 of 2022 and 30448 of 2022 and applicant was not having previous criminal history although after the present matter he was made accused in two other cases and in the present matter he is in jail since 11.06.2022.
Therefore, from the discussion made above, 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 - Faisal Raza 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 :- 14.2.2023 AK Pandey