Samiuddin @ Munna v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45976 of 2023 Applicant :- Samiuddin @ Munna Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Gaur Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged alleging that the applicant alongwith one Gyasuddin and two other persons had caused substantial injuries to the son of the informant. As regards the applicant, it was alleged that he had inflicted the gunshot injury.

¶3Learned counsel for the applicant draws my attention to the medical report on record, which indicates the injury on account of a sharp object and with regard to the second injury, the same is not on any vital part being on the left arm. He further argues that the applicant has duly explained the criminal antecedent in the supplementary affidavit filed today in Court, which is taken on record.

¶4Learned AGA has opposed the bail application.

¶5Considering the injuries being on a non-vital part and the fact that the criminal antecedents of the applicant are duly explained and none of the cases are very serious; some of the cases are very old being of the year 2006 & 2008, as such, on all the grounds as discussed above, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶6Let the applicant Samiuddin @ Munna be released on bail in FIR No.310 of 2022, under Section 307, 323, 324, 504, 506 IPC, P.S. Hathras Gate, District Hathras on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 31.10.2023 nishant High Court of Judicature at Allahabad