The Allahabad High Court has granted bail to BSP leader Faizurrahman in a 25 years old case of attempt to murder.
A Single Bench of Justice Raj Beer Singh passed this order while hearing a Criminal Misc Bail Application filed by Faizurrahman.
The bail application has been filed by the applicant accused in Case under Sections 147, 148, 149, 307, 336, 338, 435, 504, 188, 34 IPC and Section 7 Criminal Law Amendment Act, Police Station- Phoolpur, District – Azamgarh with the prayer to enlarge the applicant-accused on bail.
According to the prosecution version, on 17.02.1998 a group of persons, including the applicant, belonging to B.S.P made an unlawful assembly and did rioting and fired on the other political group and raised slogans.
It has been argued by the counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in the case. The first information report was lodged against three named and 30-40 unknown persons. No specific role has been assigned to the applicant. In the alleged incident, no-one has sustained any injury.
Earlier, the applicant has challenged the proceedings of the case before this Court, wherein, by order dated 08.01.2007, the proceedings of the case were stayed but later on in view of law laid down in case of Asian Resurfacing of Road Agency Private Limited and Another v Central Bureau of Investigation (2018) 16 SCC 299, the trial court has started the proceedings of the matter further.
It is further submitted that similarly placed co-accused persons, namely, Ramakant Yadav, Suryaprakash Yadav, Ram Surat Yadav @ Ramsukh Yadav, Ram Sewak Chauhan, Ram Kewal Yadav and Yogendra Kumar Alias Jogesh Kumar and Arshad have already been granted bail by coordinate Benches of the Court.
Lastly, it has been submitted that the applicant-accused is languishing in jail since 21.06.2023, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
A.G.A has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Ramakant Yadav, Suryaprakash Yadav, Ram Surat Yadav @ Ramsukh Yadav, Ram Sewak Chauhan, Ram Kewal Yadav and Yogendra Kumar Alias Jogesh Kumar and Arshad have already been granted bail.
“Considering the submissions of the counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant-accused Faizurrahman, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant-accused shall not tamper with the evidence during the trial.
(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.
(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.