Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24962 of 2017 Applicant :- Abdul Rahman Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Yadav,Dharmendra Kumar Singh,Rajeev Kumar Saxena,Satyendra Narayan Singh,Shabana Nizam,Vinod Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Shukla
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated in FIR dated 09.03.2017 for the murder of Aftab Ahmad due to election parti bandi with co-accused Satish Narayan Singh and Safiullah; that in FIR, common and general role has been assigned to all the accused persons and motive to cause death has been assigned to co-accused Safiullah and applicant is alleged to be his associate; that co-accused Safiullah and Satish Narayan Singh have been granted bail by this Court vide orders dated 11.12.2017 & 10.1.2019 passed in Criminal Misc. Bail Application Nos. 22373 of 2017 and 49256 of 2017, copies produced for perusal, which are taken on record; that case of applicant is identical with co-accused Safiullah and Satish Narayan Singh and he is also entitled for grant of bail on the ground of parity; that applicant is not a previous convict and has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 11.03.2017.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that applicant did not dispute the fact of grant of bail to co-accused Safiullah and Satish Narayan Singh.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Abdul Rahman be released on bail in Case Crime No. 197 of 2017, under Sections 147, 148, 34, 427, 302 I.P.C., P.S. Cholapur, District Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2019 Kpy