The Allahabad High Court has granted conditional bail to the accused of attempt to murder and assault on people going home raising slogan of ‘Jai Shri Ram’.
A Single Bench of Justice Jayant Banerji passed this order while hearing a Criminal Misc Bail Application filed by Irfan.
The bail application has been filed to enlarge the applicant on bail in Case under Sections 147, 148, 504, 307, 354Kha, 324 IPC, Police Station Simbhawali, District Hapur.
As per the prosecution version, at about 8.00 pm, the complainants were returning back to their house raising slogan of ‘Jai Sri Ram’, near the house of Yasin, the applicant’s side started abusing them, when they protest the same, they were beaten by the ‘batt’ of ‘tamancha’, ‘balakati’ and ‘iron rod’.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime. It is submitted that the applicant’s side also received injuries. There is no specific role assigned to any of the accused persons by the injured and the complainant. Only the general role is assigned to the accused person. The applicant was not present on the spot at the time of the incident.
He further submitted that the applicant has no previous criminal history. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 11.03.2022 and the possibility of conclusion of trial in near future is very bleak.
Counsel for the applicant has contended that this is a case of parity inasmuch as the other co-accused have already been granted bail by the Court. It is contended that the case of the applicant is not other than the co-accused who have been enlarged on bail.
Additional Government Advocate and counsel for the complainant have, however, opposed the prayer for grant of bail, but they have not disputed the above contention made by the counsel for the accused-applicant.
Considering the facts and circumstances of the case, I find it to be a fit case for bail, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Irfan son of Abdul Raseed @ Rashid Shakeel be released on bail in the aforesaid case on his furnishing a personal bond of Rs 50,000/ with two sureties each of the same amount to the satisfaction of the court below with the following additional conditions which are being imposed in the interest of justice :-
(1) The applicant shall attend in accordance with the conditions of the bond executed under Chapter XXXIII of the Cr.P.C.;
(2) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;
(3) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence;
(4) The applicant shall cooperate with any investigation in the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.