Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30764 of 2021 Applicant :- Aasif Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 386/2020, under Section 396 IPC, police station Karhal, District Mainpuri with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has not committed any offence. It was submitted that applicant is not named in the F.I.R., which was lodged against unknown persons, alleging that on the night of 24/25.12.2020 some thieves came at the house of first informant and when they were challenged, they have fired at uncle of first informant, who later on died. It was further submitted that involvement of applicant was shown on the basis of statement of co-accused Salman Banjara and except the statement of co-accused Salman Banjara, there is no other evidence against the applicant and that no recovery of any incriminating article has been shown from the applicant and that no test identification parade of applicant has been conducted. Even according to statement of co-accused Salman Banjara, he has assigned the role of firing to himself. It was further submitted that similarly placed co-accused Aman Khan has already been enlarged on bail by co-ordinate Bench of this Court, copy of which has been produced and the same is taken on record. Learned counsel has submitted that criminal history of some cases was shown against the applicant, but out of them, two cases are of police encounter and remaining cases are of theft and one case is under Arms Act. It has further been argued that the applicant is in judicial custody since 07.06.2021 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Aasif involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 29.10.2021 Anand