Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2692 of 2019 Applicant :- Afroj Ahmad Ansari Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Parcha filed by Sri Manish Tiwary and Sri Ashwini Kumar Awasthi, Advocates, on behalf of informant, is taken on record.
Heard learned counsel for the parties and perused the record.
By means of this application, the applicant Afroj Ahmad Ansari, who is involved in S.T. No. 243 of 2018, arising out of Case Crime No. 87 of 2018, under Sections 147, 148, 149, 34, 302 I.P.C. & Section 7 Criminal Law Amendment Act, P.S. Chowk, District Varanasi, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that the report was lodged against four persons and it was an instant report; subsequently, there was development in the statement of complainant that two unknown persons were also amongst the assailants as was told by the persons present on spot; the co- accused was apprehended and he named present accused- applicant along with one other, as two unknown persons involved in the occurrence; recovery of firearm weapon is false and planted one; there is no previous criminal history of the accused-applicant.
Learned A.G.A. vehemently opposed the prayer for bail, but has admitted that accused-applicant is having no criminal antecedents to his credit and his name has been brought on the basis of statement made by co-accused while being in custody.
Learned counsel for informant opposed the bail on the basis of earlier order passed in Criminal Misc. Bail Application No. 41331 of 2018 vide order dated 31.10.2018.
Apparently, the order of a co-ordinate Bench of this Court passed in Criminal Misc. Bail Application No. 41331 of 2018 vide order dated 31.10.2018 is regarding bail application of Vinod Kumar Nishad @ Guru, who was named in the instantly lodged FIR, having previous enmity with the deceased and informant; he was a family member and has been assigned the role of giving firearm shot over the deceased in broad day light.
In the present case, the applicant is neither named in the report nor his name was told by informant even in the subsequent statement rather it was disclosed by the persons present on spot that two other persons were also involved in this group of assailants, but who were those two persons and what were their role was not known to informant or other witnesses of eyewitness account. The name of accused-applicant is brought in light only on the basis of confessional statement of co- accused named in the F.I.R., made before the police while being in custody.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment 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 Afroj Ahmad Ansari be released on bail in S.T. No. 243 of 2018, arising out of Case Crime No. 87 of 2018, under Sections 147, 148, 149, 34, 302 I.P.C. & Section 7 Criminal Law Amendment Act, P.S. Chowk, District Varanasi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 :- 22.1.2019 NS