Kaif v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53763 of 2023 Applicant :- Kaif Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Shad Khan, Advocate holding brief of Sri Ramesh Chandra Pal, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.409 of 2023, under Sections 147, 148, 149, 307, 336 I.P.C., 7 Criminal Law Amendment Act, 1932 and 3/25 Arms Act, Police Station Shalimar Garden, District Ghaziabad, during the pendency of trial.

¶4As per prosecution story, two rival gangs are stated to have been found firing at each other by the police on 06.11.2023 at about 11:00 p.m. In the said cross fire, two persons, namely, Musarraf and Azam, are stated to have sustained injuries from the side of the gang of Pinki and one Saif is stated to have sustained injury from the side of the gang of Tony.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. There are general allegations against all the accused persons. Learned counsel has further stated that at this point of time, it cannot be ascertained as to which party was the aggressor one. Several 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. The applicant is languishing in jail since 07.11.2023. There is no criminal history of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

¶8Let the applicant-Kaif, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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 based on the testimony of the witnesses. Order Date :- 15.12.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad