Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7059 of 2018 Applicant :- Abrar Opposite Party :- State Of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Kuldeep Kumar, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Imran Haiza, Irfan @ Chhota, Shahnawaj, Sartaj and Avrar alleging that Imran and Irfan were demanding extortion money of Rs.2,00,000/- and on 24.5.2015 at 6 p.m. accused armed with revolver and pistols of 32 Bore entered into the house of informant and shot fire indiscriminately. In the said incident Rizwan, son of informant received one injury on right hip.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; informant and injured have assigned the role of firing to co-accused Imran and the applicant was assigned role of standing at the place of occurrence but no specific role was allegedly assigned to the applicant; there was dispute of money between the parties. he had given Rs.1,00,000/- to injured Rizwan and when he demanded his money, then Rizwan in collusion with informant falsely implicated the applicant; injuries found on the body of the injured are not dangerous to life; there is general allegations against all the accused persons; criminal history has been explained; there was no independent witness; he is languishing in jail since 13.12.2017(more than two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Shahnawaj has been granted bail by this Court on 9.1.2018 vide Criminal Misc. Bail Application No. 34015 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
On the other hand, 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Abrar involved in Case Crime No.238 of 2017, under Sections 147, 148, 149, 384, 307, 506 IPC, Police Station Sikandrabad, District Bulandshahar 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 :- 23.2.2018 A. Singh