Sahajeb v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31423 of 2023 Applicant :- Sahajeb Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 148 of 2023, under Sections 452, 307, 324, 504, 506 I.P.C. & 4/25 Arms Act, Police Station -Amroha Nagar, District-J.P. Nagar (Amroha), during the pendency of trial.

¶4As per prosecution story, the applicant along with his parents Smt. Bhuri and Kamaluddin have entered in the house of the informant and assaulted Jamal (brother of informant) and his wife Saira with knife, thereby causing injuries to his brother and his wife Saira.

¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case due to ulterior motive. Injuries sustained by Saira were found simple in nature, even injuries sustained by Jamal were also found simple in nature. Learned counsel has stated that statement of first informant and injured have been recorded in court in Sessions Trial No. 705 of 2023. First informant has stated that he had not seen the occurrence rather he had instituted the F.I.R. in accordance with the statement of injured Jamal. Thus the statement is hearsay in nature and cannot be taken into consideration. Learned counsel has further stated that statement of PW-2 Jamal has been recorded and he has not supported the prosecution story. He has completely resiled from his earlier statement given under Section 161 Cr.P.C. He has been cross-examined by the public prosecutor after declaring them hostile. There is no possibility of conviction in the present case under the circumstances. He is languishing in jail since 22.03.2023. Applicant has no criminal antecedents. Applicant is ready to cooperate with the trial in future.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Sahajeb involved in aforementioned case crime number 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 following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. 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.

¶10In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶11Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 27.10.2023 Sharad/- High Court of Judicature at Allahabad