Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8539 of 2019 Applicant :- Adib Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Saxena Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 17.8.2018 they assaulted Nadeem, wife and child of Nadeem. Nadeem received three injuries i.e. one lacerated wound, one incised wound and one contusion. During investigation, Saleem and Kaleem were arrested by the police and one knife was recovered, they stated that Bhura, Adib and Jahiruddin @ Fanua were also indulged in this crime. One cutter was recovered from the possession of Jahirudding @ Fanua and one knife was recovered from the possession of applicant.
It is submitted by learned counsel for the applicant that co- accused namely Jahiruddin Alias Fanua, Saleem, Bhoora and Kaleem have already been granted bail by co-ordinate Bench of this Court vide order dated 30.1.2019, 1.2.2019, 3.12.2018 and 9.1.2019 in Criminal Misc. Bail Application Nos. 2088 of 2019, 3222 of 2019, 42767 of 2018 and 47531 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Recovery is false and planted by the police personnel. 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 13.9.2018 (near about five and half months) criminal history of two cases has been properly explained 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 criminal history has been explained and the case of present applicant is identical to co-accused Jahiruddin Alias Fanua, Saleem, Bhoora and Kaleem who has been enlarged on bail.
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 Adib involved in Case Crime No. 420 of 2018, under Sections 147, 148, 149, 302, 324 IPC, Police Station Gurusahaiganj, District Kannauj 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 :- 27.2.2019 A. Singh