Mo. Kayyum @ Tausif v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13161 of 2023 Applicant :- Mo. Kayyum @ Tausif Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Jitendra Prakash Mishra,Ram Lal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Jitendra Prakash Mishra, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 297 of 2023, under Section 307 I.P.C., registered at Police Station Maigalganj, District Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.08.2023 against three persons including the applicant alleging that when a police party apprehended the accused persons who were riding a motorcycle, which was being driven by the applicant Ravisharan Trivedi, the applicant was sitting in the middle. A pistol, 3 live cartridges, a sabbal and Rs.14,900/- were recovered from the applicant. It is alleged taht the co-accused persons had confessed having given effect to the offence which is a case of theft, the details whereof have been mentioned in para 9 of the affidavit.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in seven other cases has been disclosed in para 9 of the affidavit in all of which he has been implicated after his arrest in the present case. It has also been submitted that co-accused Rahis has already been granted bail by this court by means of an order dated 02.11.2023, passed in Criminal Misc. Bail Application No.12919 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no person has received injury in the incident and the co-accused against whom the allegations of firing shots has been levelled has already been granted bail and the applicant is languishing in jail since

01.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Mo. Kayyum @ Tausif 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 7.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench