Rahees v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31571 of 2023 Applicant :- Rahees Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Yogendra Pal Singh, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 484 of 2022, under Sections 307, 325, 504, 506 IPC, Police Station-Sardhana, District-Meerut, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on

28.03.2023 and he is pressing the instant second bail application on the ground that however, role of causing injury to the injured through wooden stick has been assigned to the applicant but applicant is in jail in the present matter since 28.10.2022 i.e. for more than one year and, therefore, considering the incarceration of the applicant, he may be released on bail. He further submitted that applicant is not having any criminal history.

¶4Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that present matter relates to Sections 307, 325, 504, 506 IPC and applicant is in jail in the present matter since October, 2022 and he is not having any criminal history.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 28.03.2023 and from the record, it reflects that applicant is the person, who caused injury on the head of the injured through wooden stick but from the record, it further reflects that applicant is not having any criminal history and he is in jail since 28.10.2022 i.e. for more than a year.

¶7Therefore, considering the facts and circumstances of the case discussed above, particularly the long incarceration of the applicant and the fact that applicant did not use any lethal weapon, in my view, applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant-Rahees 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.

¶10In 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.

¶11It 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 :- 7.12.2023 KK Patel High Court of Judicature at Allahabad