REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 159 OF 2012

(Arising out of S.L.P. (Crl.) No. 10244 of 2010)

Maulana Mohd. Amir Rashadi .... Appellant(s)

Versus

State of U.P. & Anr.

.... Respondent(s)

J U D G M E N T

P.Sathasivam,J.

1)

Leave granted.

2)

This appeal is directed against the final judgment and

order dated 06.08.2010 passed by the High Court of

Judicature at Allahabad in Criminal Misc. Bail Application No.

28420 of 2009 whereby the High Court has granted bail to

Mr. Ramakant Yadav - respondent No.2/accused in Case

Crime No. 622 of 2009, FIR No. 63 of 2009 under Sections 302

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and 307 of the Indian Penal Code, 1860 (in short ‘IPC’), Police

Station Phoolpur, District Azamgarh, U.P.

3)

Brief facts:

(a)

According to the appellant, he is the President of a

political party, namely, Rashtriya Ulema Council. On

12.08.2009, a meeting of the Party was to be held at Phoolpur,

District Azamgarh, U.P. from 10 a.m. to 4 p.m. and he was to

attend the said meeting in the capacity of Chief Guest.

b)

At about 1.45 p.m., the appellant started towards the

venue of the meeting and his convoy was being led by 10 to 15

supporters who were riding on motorcycles. At that moment,

the second respondent/accused came from behind in the

convoy of cars and immediately after crossing the appellant’s

car and his supporters, the convoy of cars belonging to the

second respondent/accused suddenly stopped on the road

without giving any signal and the second respondent/accused

came out of his vehicle armed with a gun along with his

supporters who were also carrying guns and they started

giving kick blows to one of the motorcycle riders who fell down

and the pillion riders of the said motorcycles were fired upon

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by the second respondent and his supporters from their

respective guns and thereafter, they ran away from the place.

Adbul Rehman-the pillion rider sustained serious fire arm

injuries. When he was taken to the hospital at Varanasi, he

succumbed to his injuries.

c)

On the basis of a written complaint in the Police Station,

Phoolpur, FIR No. 63 of 2009 under Sections 302 and 307 IPC

was registered. The second respondent was arrested only on

24.08.2009. It was further stated by the appellant that the

accused is a habitual criminal and has a criminal background

having more than three dozen cases involving serious offences

against him. The second respondent filed a Criminal Bail

Application being No. 28420 of 2009 before the High Court

praying for his release. The appellant filed his objection. He

also highlighted that from 14.08.2009, the appellant started

receiving threatening calls from the second respondent

warning him not to pursue the case otherwise he shall be

eliminated.

d)

On completion of the investigation, charge sheet was filed

on 15.07.2010 against respondent No.2 and three other

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persons under Sections 302, 307 and 325 read with 34 IPC

and the trial of the case has been started by examining the

injured witness - Farhan as PW-1 on 29.04.2010 and

15.07.2010.

e)

Pending proceeding of the trial, the High Court, by

impugned order dated 06.08.2010, granted conditional bail to

the second respondent. Questioning the same and of the fact

that the appellant had received several threat calls, he filed the

present appeal for setting aside the same.

4)

Heard Mr. Jaspal Singh, learned senior counsel for the

appellant and Mr. Basava Prabhu S. Patil, learned senior

counsel for the contesting second respondent.

5)

The only point for consideration in this appeal is whether

the High Court was justified in enlarging the second

respondent on bail after imposing certain conditions.

6)

It is not in dispute and highlighted that the second

respondent is a