Jeetu and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9825 of 2023 Applicant :- Jeetu And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Farooq Ayoob, the learned counsel for the applicants, Ms. Charu Singh, the learned A.G.A. for the State and perused the record.

¶2The instant application has been moved by the applicants seeking bail in Case Crime No. 650 of 2023, under Sections 323, 307, 386, 34 IPC, registered at Police Station Kotwali Nagar, District Barabanki.

¶3It is argued by the learned counsel for the applicants that there is allegation of thrashing the first informant and one more person by the applicants. The general role has been assigned to all the accused persons. The injuries of Mohd. Vaish are found to be simple and in the x-ray report of Faisal no bony injury is found. Applicant - Mohd. Shahzeb is languishing in jail since

04.06.2023 and applicant - Abdul Hadi is languishing in jail since 19.06.2023, hence, the prayer for bail is made. It has also been submitted on behalf of the applicant that the co-accused persons Mohd. Shabzeb and Abdul Hadi have already been enlarged on bail by this court by means of order dated

08.12.2023, passed in Criminal Misc. Bail Application No.8685 of 2023.

¶4Learned A.G.A. opposed the prayer for bail and submitted that as per injury report of Faisal, her injuries no. 1 to 5 were kept under observation and the x-ray was advised. Though, no bony injury was found in the x-ray of Faisal but in the statement of the doctor it has come that due to excessive bleeding from the head injuries of Faisal, the condition of Faisal was looking serious. Afterwards the situation became normal.

¶5From perusal of the record, it is found that the allegation against both the applicants is of asking for Rs. 40/- each from both the injured persons and in the absence of payment they are said to have been thrashed with lathi and danda by the present applicants. Admittedly, the injuries of Mohd. Vaish are found to be simple but as per injury report of Faisal except injury nos. 6 and 7, all the injuries were kept under observation. after x-ray no abnormality or any bony injury was found but in the statement of the doctor it has come that due to excessive bleeding the condition of the injured was looking serious. However, later on everything became normal. The applicants are languishing in jail since 04.06.2023 and 19.06.2023 respectively.

¶6Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicants.

¶7The bail application is allowed.

¶8Let the applicants-Jeetu & Anjar Ahmad involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

(ii) They will not tamper with the witnesses.

(iii) They will not indulge in any illegal activities during the bail period.

¶9The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to the prison.

¶10It is clarified that the observations, if any, made in this order are strictly confined to the disposal of these bail applications and must not be construed to have any reflection on the ultimate merits of the case. . (Subhash Vidyarthi, J.) Order Date :- 13.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench