Rahmatullah vs State Of Uttar Pradesh

Learned Additional Government Advocate informs that he has procured complete instructions in the matter including complete case diary.

Heard learned counsel for applicant through video conferencing as well as learned A.G.A. for the State and perused the record.

This bail application has been moved by the applicant - Rahmatullah for grant of bail, in Case Crime No. 74 of 2020, under Sections 147, 148, 323, 336, 504, 506, 324, 325, 308 I.P.C.,P.S. Maharajganj Tarai, District Balrampur, during trial.

Learned counsel for the applicant while pressing the bail application submits that general allegations of assault with lathi-danda, kulhari and bricks have been levelled in the F.I.R. against 29 persons, however after investigation, the charge sheet, under Section 308 I.P.C. amongst other penal Sections, has been filed against the applicant.

It is further submitted that in fact the informant's party was aggressor and they have assaulted the applicant and there is also a cross version of the incident lodged by the applicant's side as Case Crime No.0073 of 2020, under Sections 147,148,323,336,308,304,188,269,270 I.P.C. & Section 3 Epidemic Disease Act and Section 51, Disaster Management Act and in the said offensive assault made by the informant's party, 15 persons from the side of the applicant were injured and one person, namely, Nankau had died.

It is further submitted that accused persons of Case Crime No.73 of 2020, namely, Ram Bachan Verma, Pattey Verma, Chandrika Verma and Gope Verma @ Bhagauti Prasad, who were charged amongst others under Section 308 I.P.C., have been granted bail vide orders dated 10.3.2021 and 8.3.2021, passed in Bail No.2825 of 2021 and Bail No.2532 of 2021 respectively and four accused persons of that case namely, Kallu Maurya, Anney Maurya, Pappu Maurya and Laxman Maurya, who were charged amongst others under Section 304 I.P.C. have also been released on bail by the co-ordinate Benches of this Court vide orders dated 28.01.2021 & 8.3.2021 passed in Bail No.706 of 2021 and Bail No.2532 of 2021 respectively.

It is further submitted that co-accused persons, namely, Murtuza, Shahabuddin, Mustaqim, Mohammad Islam, Fakhruddin, Imam Ali, Sadiq Ali, Irfan, Mohammad Alam, Habib, Samiullah, Mubarak, Wahab, Salahuddin, Mannan, Shafiullah, Shakeel, Abdul Qadir, Sabir Ali, Javed Hasan, Mukhtar, Nizamuddin, Israil and Khurshid, standing on the same footing as of the applicant have already been released on bail by this Court vide order dated 12.03.2021, passed in Bail No.2927 of 2021.

It is further submitted that as one person from the side of the applicant, namely, Nankau has died, the informant's party was clearly an aggressor and some of co-accused persons have been released on bail even under Section 304 I.P.C. and general allegations of marpeet have been levelled against the applicant, the instant applicant is also entitled to be released on bail on the principle of parity.

It is further submitted that the applicant is in jail in this matter since 27.01.2021 and the applicant is not having any criminal antecedents and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty and he will cooperative with the investigation.

Learned A.G.A., however, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant.

Having heard the submissions of learned counsel for parties and having perused the record it is evident that both parties had filed cross cases alleging that the other party is aggressor. 12 persons from the side of the informant and 15 persons from the side of the applicant is reported to be injured in the incident. However from the side of the applicant one person, namely, Nankau had died. Four persons from the side of the informant, who were charged with committing the offence under Section 304 I.P.C. and some other persons, who were charged under Section 308 I.P.C. have been released on bail by this Court as well as by the co-ordinate Benches of this Court. Co-accused persons of the instant case standing on the similar ground as of the applicant have also been released on bail by this Court.

It has been overwhelmingly submitted by learned counsel for applicant that in fact the informant's party was aggressor, which is also evident from the fact that 15 persons from the side of the applicant were injured and one had died. It is also submitted by him that the applicant will cooperate in the investigation and further detention of applicant is not required as the charge sheet has been submitted.

Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant, I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

Let the applicant - Rahmatullah involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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.