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Judgment
Heard learned counsel for the applicants, Sri Nitin Kesarwani, learned A.G.A. for the State, Sri Vinod Kumar Tripathi, counsel for the informant and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 637 of 2020, under Sections 323, 504, 326, 506 IPC, Police Station Najibabad, District Bijnor.
The counsel for the applicants argues that the FIR version has not been corroborated by the statement of the victim which is in the case diary. He further argues that the co-accused Islamudeen has been granted bail by this Court vide order dated 19.3.2021 passed in Criminal Misc. Bail Application No. 12048 of 2021. It is further argued that there is a cross case at the behest of opposite party in which injuries have been sustained. It was also contended that the applicants are in jail since 23.12.2020.
Per contra, learned A.G.A. as well as counsel for the informant has opposed the bail prayer of the applicants.
Considering the averment made at the bar and on perusal of the version as recorded in the FIR as well as the statement of the victim, coupled with the fact that the applicants have no criminal antecedent and there is nothing on record to demonstrate that if the applicants enlarged on bail would affect the trial adversely, without expressing any opinion on merit of the case, the applicants are entitled to be enlarged on bail.
Let the applicants, Faisal and Saiby alias Shahvez involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
They shall not tamper with the witnesses.
They shall not indulge in any illegal activities during the bail period.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The bail application is, accordingly, disposed off.