Javed Husain @ Javid v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29305 of 2023 Applicant :- Javed Husain @ Javid Opposite Party :- State of U.P. Counsel for Applicant :- Manish Joshi,Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- G.A.,Harish Kumar Yadav Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard Sri Vinod Kumar Srivastava, advocate holding brief of Sri Shantanu Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that as per allegations in the first information report the injured was coming back home from market when the accused persons have assaulted, it is alleged that applicant has assaulted with knife, as a result of the same, injured has suffered injury. Learned counsel for the applicant has drawn attention of the Court to the medical report which is at page-35 of the paper-book to state that the injury was sustained on the chest, which was 2cm x 2cm wide and 7-8cm deep. There was fracture in the ribs and left lung contusion. 3-A. Learned counsel for the applicant submits that from knife an injury of 2cm wide cannot be sustained and in this respect the incident is not supported by the medical evidence. The statement of the doctor also not reflects as to the weapon from which the injuries have been sustained. The applicant has no previous criminal history. Applicant is languishing in jail since 18.04.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

4.Learned counsel for the informant, Sri Harish Kumar Yadav has opposed the bail application and submits that as per medical report at page-34 of the paper-book is lacerated wound on the left chest wall. On a pointed query being made to the learned counsel for the informant, as to how the knife injury would be sustained as wide as 2cm, learned counsel for the informant submits that if the blade of the knife is wide then injuries could be sustained. He further submits that the knife could not be recovered as the applicant thrown the knife into the river, as per his own statement.

¶5Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case. 5-A. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶6It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

¶7The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

¶8No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶9It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶10Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 10-A. In the present case, it is to be seen that injured has suffered only one injury on the chest which is a lacerated wound, which is 2cm wide. As per the prosecution case, the injuries have been caused by knife. The injury by knife cannot be as wide as 2cm as has been stated in the medical report. The manner in which the incident has taken place is not corroborating with the medical evidence.

¶11Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and 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.

¶12Let the applicant Javed Husain @ Javid involved in Case Crime No. 71 of 2023, under Sections 307, 504 IPC, Police Station Dilari, District Moradabad, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the 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 and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶13In 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 :- 1.11.2023 S.Prakash High Court of Judicature at Allahabad