Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14718 of 2018 Applicant :- Abid Opposite Party :- State Of U.P.
Counsel for Applicant :- Nasiruzzaman,Mohd. Irfan,Shashank Shekhar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Counter affidavit filed today by learned A.G.A. be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No. 1035 of 2014, under Sections 307 and 504 IPC, Police Station Vrindavan, District- Mathura.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to enmity. It is next submitted that the applicant has not committed the present offence. It is further submitted that the injury received by the inured is simple in nature and not dangerous to life. It is a night incident but no source of light has been mentioned. It is further submitted that no specific role has been attributed to the applicant. He does not have any criminal history to his credit. Applicant is languishing in jail since 13.11.2017 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. has opposed the prayer for bail.
State has filed counter affidavit but nothing was found in the counter affidavit which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Abid, involved in Case Crime No. 1035 of 2014, under Sections 307 and 504 IPC, Police Station Vrindavan, District- Mathura be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not indulge in any criminal activity;
2. The applicant shall not tamper with the prosecution evidence;
3. The applicant shall not pressurize the prosecution witnesses;
4. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.7.2018 Sartaj