Yusuf v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14191 of 2023 Applicant :- Yusuf Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Satendra Kumar (Singh),Nalin Arora Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Satendra Kumar (Singh), learned counsel for the applicant, Sri R.K. Singh, learned counsel for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.272 of 2023, under Sections 147, 148, 149, 336, 342, 356, 323, 506, 307 I.P.C., registered at Police Station Kursi, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.09.2023 against 10 persons, including the applicant, alleging that co-accused persons Idrish, Yunus and Munna were blocking the passage in front of the informant's house and upon being objected, they assaulted the informant and his family members. Allegations against the aforesaid three persons is of firing gun shots and the rest of the accused persons are said to have indulged in brick batting and making assaults with banka.

¶4Eight persons have received injuries in the incident, none of which is an incised wound, which can be received by use of a banka and allegation of causing gun shot injuries is of three other persons and allegation against the rest of the persons, including the applicant, is causing injuries by indulging into brick batting. Injuries other than firearm injuries have been reported to be simple in nature.

¶5One of the co-accused Yunus, has been granted bail by this Court by means of the order dated 30.11.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.14082 of 2023 keeping in view the fact that Yunus has lodged an FIR No.271 of 2023 at 19:00 Hours on 14.09.2023, which indicates that the allegations made in the FIR that Yunus was involved in the commission of the offence at precisely the same time was false.

¶6In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no specific allegation has been leveled in the FIR against the applicant, there is general allegation of his indulging in brick batting with 6 other co-accused persons; injuries caused by hard and blunt object are of simple nature; that the applicant has no previous criminal history and he is languishing in jail since 25.09.2023 whereas the co-accused person has already been granted bail, 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.

¶9Accordingly, this bail application stands allowed. 10 Let the applicant-Yusuf be released on bail in aforementioned 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. Order Date :- 2.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench