Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20271 of 2018 Applicant :- Aamir Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri D.S. Pandey, learned counsel on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three accused persons, namely, Nadeem, Anish and Aamir Saifi; alleging that on 19.1.2018 at night co-accused Nadeem shot fire at Noman @ Kallu with the help of co-accused Anish and Aamir Saifi, he received one gun shot injury on his chest, resultantly died.
It is submitted by learned counsel for the applicant that the co- accused Anis has already been enlarged on bail by this Court vide order dated 14.5.2018 passed in Criminal Misc. Bail Application No.17700 of 2018, copy of which has been brought on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Co-accused Nadeem and deceased Noman @ Kallu were the tempo drivers. Main role is assigned to co- accused Nadeem. The role of this accused as well as Anish has been extended to catching hold only; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 21.01.2018 (more than four months). Criminal history of one case has been explained.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Aamir involved in Case Crime No. 52 of 2018, under Sections 147, 148, 149, 323, 307, 302 IPC, Police Station Khoda, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 P.P.