Samad @ Jahid Beg v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49708 of 2023 Applicant :- Samad @ Jahid Beg Opposite Party :- State of U.P. Counsel for Applicant :- Puneet Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Puneet Kumar, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 238 of 2023, under Sections 302, 147, 148, 149 IPC, Police Station Kotwali Mandi, District Saharanpur during pendency of the trial.

¶3FIR of the present case was lodged against co-accused Waseem @ Jon Modal and others and according to the FIR on 01.08.2023 at about 10.30 PM in the night when brother of the informant was in the shop then co-accused Waseem @ Jon Modal came along with his associates and opened fire upon the brother of the informant and when informant and others arrived at spot then he along with his associates ran away on the motorcycle.

¶4Learned counsel for the applicant submitted that applicant was not named in the FIR and on the basis of CCTV footage, which alleged to have been procured by the Investigating Officer during investigation, his name was revealed in the present matter.

¶5He further submits that even as per prosecution the firearm was used by co-accused Waseem @ Jon Modal and there is no allegation against the applicant that he either opened fire or caused any injury to the deceased. He further submits that post mortem report of the deceased suggests that it is a case of single shot. He further submits that co-accused Bismil has already been enlarged on bail by this Court vide order dated 18.10.2023 passed in Criminal Misc. Bail Application No. 44396 of 2023 and case of applicant is at par with him. He further submits that however applicant is having criminal history of one case of Section 25 Arms Act but criminal history of the applicant has been explained in the instant bail application and in the present matter he is in jail since

13.08.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that role of causing firearm injury has been assigned to co-accused Waseem @ Jon Modal and there is no allegation against the applicant that he also caused injury to the deceased. He further could not dispute the fact that co-accused Bismil has already been enlarged on bail by this Court and case of applicant is at par with him.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that there is no allegation against applicant that he either opened fire or caused any injury to the deceased and role of causing firearm injury has been assigned to co-accused Waseem @ Jon Modal and co-accused Bismil has already been enlarged on bail by this Court and case of applicant is at par with him, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Samad @ Jahid Beg be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant 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 or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.11.2023 AK Pandey High Court of Judicature at Allahabad