Allahabad High Court
Yunus And Another vs State Of U.P. on 21 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47782 of 2022 Applicant :- Yunus And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants seek bail in Case Crime No. 397 2022, under Sections 323, 504, 506 and 308 I.P.C., Police Station Lisarigate, District Meerut.
It is submitted by the learned counsel for the applicants that applicants have been falsely implicated in the present case and they have not committed the alleged offence. It is further submitted that nothing was recovered from the possession of applicants or on their pointing out. It is next submitted that general role has been assigned to all the accused persons but no specific role has been assigned to the applicants. It is next submitted that even if the prosecution story is taken on its face value then no offence can be made out against the applicants under Section 308 I.P.C. In the injury report, no nature of injuries has been disclosed which creates doubt upon the injury reports that these reports are procured documents. There is no criminal history of the applicants. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicants who are in jail since 22.09.2022, undertakes that they will not misuse the liberty, if granted.
Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicants.
Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.
Let the applicants- Yunus and Yakub be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant swill not tamper with the evidence during the trial.
(ii) The applicants will not influence any witness.
(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.11.2022 Rmk.