Allahabad High Court
Meraj vs State Of U.P. on 7 April, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8458 of 2021 Applicant :- Meraj Opposite Party :- State of U.P. Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.,Ajay Singh Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Sharique Ahmed, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the informant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 962 of 2020, under Sections 147, 148, 149, 302, 323, 504, 506 & 34 of I.P.C., P.S. Chakeri, District Kanpur Nagar.
As per F.I.R., lodged by Deepak (brother of the deceased), it has been stated that on 15.11.2020, at about 06:45PM, when his brother Pintu (deceased) and nephew Sandeep had gone for walking and reached in front of the house of Faiz Mohd., where one pouch of water was lying there in torn condition on which Pintu slipped due to which few drops of water got sprinkled upon Faiz Mohd and his other companions who are named in the F.I.R. and five other persons who are residents of the same colony. All these persons including the accused applicant started abusing the deceased and informant's nephew and when they resisted, all the persons started assaulting them with lathi, danda and bricks and when Ram Narayan who was passing through the passage had seen the occurrence, had reported the same to the informant and thereafter, the informant, his father Sri Ram and uncle Ram Kishor and some villagers went to the occurrence place and they found that all the assailants were assaulting the deceased, due to which he had died and the assailants had also beaten them also. As per post-mortem report, the deceased is found to have sustained one stab wound at the side of nose bone deep, contused swelling in occipital region and hematoma was also found with underline bond fracture. Apart from that there were two abraded contusion on the top of the shoulder and hand. The cause of death was ante mortem head injury.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the occurrence had happened due to sudden quarrel and the accused applicant along with eleven named and five other persons had assaulted the deceased by various weapons, therefore the author of the fatal injury could not be ascertained. It is further argued that the present who had come to save the deceased had received only abrasions. The accused applicant has no criminal history; he is in jail since 16.11.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail and have argued that it is a case of mob lynching because anyone who had come to save the deceased, was assaulted by the assailants and Ram Kishore, Dashrath & Deepak are found to have sustained abrasions.
Looking to the aforesaid facts, it appears to be a case of sudden provocation and general role assigned to all the co-accused and who had caused the fatal injury, could not be ascertained, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Meraj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.4.2021 VPS