Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 269 of 2019 Applicant :- Abdul Mazid Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Vikash Chandra Tiwari, learned counsel for the applicant, Sri S.K. Singh, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons namely Abdul Majid and Jaharul Nisha alleging that on 2.11.2018, illegal fire crackers (pataka) were stored by them which were blast and two persons namely Shahida and Aasama Khatun were died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Incident took place in first floor of house, applicant has no concern with that portion. There is no intention or knowledge to kill the deceased. Applicant is bangles' seller and poor person. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 2.11.2018 (more than two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Abdul Mazid involved in Case Crime No. 176 of 2018, under Sections 326, 304 IPC and Section 5 Explosive Substance Act, Police Station Paikoliya, District Basti 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 :- 22.1.2019 A. Singh