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Judgment
Subhash Vidyarthi, J
Heard Sri Ramakar Shukla, the learned counsel for the applicants, Sri Anurag Verma, the learned AGA-I for the State and perused the records.
The instant application has been filed seeking release of the applicants on bail in Case Crime No. 159 of 2022, under Sections 147, 148, 504, 506, 308, 427, 324, 325 IPC, Police Station Bandhuakalan, District Sultanpur.
The aforesaid case has been registered on the basis of an FIR lodged on 13.07.2022 against 11 named persons, including the applicants, alleging that all the applicants entered the informant house and beaten up the informant and his family members. 9 persons from the side of the informant have received injuries in the incident and 4 persons from the side of the applicants also got injured in the incident, regarding which an FIR was lodged from the side of the applicants, prior to lodging the instant FIR, which was registered as FIR No. 157 of 2022 against 8 persons.
In the affidavit field in support of the application, it has been stated that the applicants are innocent and they have no criminal history.
All the other 9 accused persons have already been granted bail in the present case and copies of their bail orders have been annexed as Annexure Nos. 17 & 18 to the affidavit filed in support of the application.
The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR levels similar allegations against all the accused persons and apart from the applicants, all the 9 other accused persons have already been granted bail, I am of the view that the applicants are also entitled to be released on bail in the present case.
Accordingly, this bail application stands allowed.
Let the applicants-Mohd. Shamsuddin Khan and Saddam @ Mohammad Shahareyar Khan be released on bail in Case Crime No. 159 of 2022, under Sections 147, 148, 504, 506, 308, 427, 324, 325 IPC, Police Station Bandhuakalan, District Sultanpur. on 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.