Mohd. Faiz Alam Khan, J.

1. Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary of the case.

2. Heard Shri Santosh Kumar Tripathi, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

3. This bail application has been moved on behalf of the accusedapplicant/Sultan Ali for grant of bail, in Case Crime No.307 of 2020, under Sections 323, 504, 308 I.P.C., Police Station Khorahre, District Gonda during pendency of trial.

4. Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

5. It is further submitted that general role of assault has been attributed to all the accused persons in the F.I.R. as well as in the statement of sole injured namely Azizunisha and even if the case of the prosecution is taken on its face, it could not be ascertained as to who from amongst the accused persons was the author of the fatal injury. It is also submitted that co-accused of the crime namely Sajbunnisha @ Sajnu Bano has been granted bail by a Coordinate Bench of this Court vide order dated 18.11.2021 passed Bail No.13269 of 2021. The accusedapplicant is languishing in jail in this matter since 29.03.2023 and there is no any other criminal antecedents of the accusedapplicant and there is no likelihood that the accused-applicant after release on bail may flee from the process of law or may misuse the liberty of bail.

6. It is also submitted by learned counsel for the applicant that without admitting his guilt the applicant is ready to compensate the injured Azizunisha by paying Rs.30,000/- on behalf of all the accused persons, if she intends to accept the same.

7. Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

8. Having heard learned counsel for the parties and having perused the record, it is evident that parties are having high pitched enmity on account of dispute pertaining to the agricultural land. General role has been assigned to all the accused persons named in the F.I.R. as well as in the statement of sole injured Azizunisha. One fatal injury has been sustained by the injured. It has been vehemently submitted on behalf of the applicant that at this stage, it could not ascertained as to who from amongst the accused persons was the author of the fatal injury. Co-accused of the crime namely Sajbunnisha @ Sajnu Bano has been granted bail by Coordinate Bench of this Court. Applicant is in jail in this case since 29.03.2023 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions. The applicant is ready to compensate the victim/injured by paying Rs.30,000/-.

9. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

10. Let the accused-applicant/Sultan Ali involved in aforesaid case be released on bail on 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 within 30 days after his release from prison shall deposit Rs.30,000/- (rupees thirty thousand only) as promised by learned counsel for the applicant, before the trial court and on the deposition of such amount, the trial court shall issue notice to the injured Azizunisha and after her due identification may pay Rs.30,000/- to her, if she is ready to accept.

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

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

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

11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

12. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.