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Judgment
Subhash Vidyarthi, J
Heard Sri Desh Ratan Mishra, learned counsel for the applicant, Sri Hari Shankar Maurya, learned Addl. Government Advocate, Sri Dharmendra Kumar Gupta, learned counsel for the informant and perused the record.
By means of the instant application the applicants Ishtikhar Khan S/o Lateef Khan alias Haazi, Imtiyaz Khan alias Intiyaj Khan and Sufiyan, both sons of Alamgeer, and Akil Khan S/o Munna alias Idrees seek bail in Case Crime No. 306 of 2022, under sections 147, 323, 504, 304 IPC, PS Talgaon, District Sitapur.
The aforesaid case has been registered on the basis of a first information report (F.I.R.) lodged on 12.09.2022 at about 14:45 hrs. against six named accused persons, including the applicants, stating that when the informant's brother was returning from his field at about 11:00 a.m. on 08.09.2022, all the accused persons had waylaid him near their grove and they attacked him with sharp edged weapons and iron rod. Upon hearing cries raised by him, the informant who was working in a Banana field nearby, ran to save his brother and the accused persons attacked him also causing serious injuries to him. The informant's brother died in the night of 11.09.2022.
The FIR mentions that earlier the informant's brother had given information of the incident in the police station.
On the basis of the earlier information given by the informant's brother the Police had registered a non-cognizable report on 08.09.2022, wherein it was stated that the applicants had beaten up the informant, his mother and brothers at the Poultry form of the informant.
A non-cognizable report of the incident was lodged from the side of the applicants also by the father of the applicant No. 1 on the same day, i.e., 08.09.2022, stating that when the applicant No. 4 Akil was going on his motorcycle and he reached near the Primary School, he was attacked by 4 persons, named in the report, including the present informant and they had beaten him and when other persons from the side of the applicant reached to save him, they were also beaten.
The State has filed a counter affidavit annexing therewith copies of the material collected during investigation.
A rejoinder affidavit has been filed on behalf of the applicant wherein criminal history of the applicants has been explained. Applicant No. 1, Ishtikhar Khan is involved in Case Crime No. 278 of 2022 under sections 323, 325, 452, 504, 506, 279, 337, I.P.C., P.S. Talgaon, District Sitapur, in which he has been granted bail by means of order dated 25.01.2023 passed by the Judicial Magistrate, Sitapur. The applicant No. 3, Sufiyan is involved in criminal cases- (i) Case Crime No. 278 of 2022 under sections 323, 325, 452, 504, 506, I.P.C., P.S. Talgaon, District Sitapur, in which he has been granted bail by means of order dated 25.01.2023 passed by the Judicial Magistrate-I, Sitapur. Applicant No. 3 Sufiyan and Applicant No. 4 Akil Khan, both are jointly involved in Case Crime No. 117 of 2019 under sections 323, 504, 506, I.P.C., and section 3(1)dha pa of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Talgaon, District Sitapur and they both have been granted bail in this case by the Special Judge, SC/ST Act, Sitapur vide order dated 04.02.2023.
Learned counsel for the applicants has submitted that two of the other co-accused Meraj and Tahir have also been granted bail vide order dated 25.04.2023 passed by this Court in Criminal Misc. Case No. 662 of 2023.
Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that although the written intimation of the incident had been lodged by the informant's brother on 08.09.2022 and an N.C.R. had been registered on the basis of the aforesaid report; that the F.I.R. has been lodged on the basis of the second report, which is not permissible in law; that in the first report, the place of occurrence is mentioned to be a Poultry Farm of the informant, whereas in the F.I.R. in question the place of occurrence is mentioned near the grove of the applicants; that the F.I.R. contains general allegations against all the accused persons and two of the accused persons have 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 applicants on bail on the ground of parity.
Accordingly, this bail application stands allowed.
Let the applicants Ishtikhar Khan S/o Lateef Khan alias Haazi, Imtiyaz Khan alias Intiyaj Khan and Sufiyan, both sons of Alamgeer, and Akil Khan S/o Munna alias Idrees be released on bail in the aforesaid Case Crime No. 306 of 2022, under sections 147, 323, 504, 304 IPC, PS Talgaon, District Sitapur, on each of them 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 applicants shall not tamper with the prosecution evidence;
(ii) the applicants shall not pressurize the prosecution witnesses;
(iii) the applicants shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.