Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41255 of 2018 Applicant :- Afroz Alias Babloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
This bail application has been filed by the applicant Afroz Alias Babloo seeks bail in Case Crime No. 250 of 2018, under Sections 147,148,323, 324,504, 506,307 IPC, P.S.
Mohammadabad Gohna, District- Mau.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. he has further submitted that in respect of an incident, which is said to have been taken place on 17.6.2018 at 6 p.m, Ehtesham has lodged first information report against Mahboob and eight others and 15-20 unknown persons, in which Ehtesham and Jishan have received injuries on their persons and report in respect of which was lodged on 17.6.2018 at 10:30 p.m. Subsequently, in respect of an incident dated 17.6.2018 at the same time, one Mobeen has lodged first information report on 19.6.2018 stating therein that an incident has taken place at 6 p.m. in which one Mahboob has received injuries and the applicant along with six other persons and some unknown persons have been nominated as an accused.
Learned counsel for the applicant has further submitted that in the case lodged against the rival group, accused persons Tasleem and Shadab Ahmad have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 31535 of 2018 and 35263 o 2018 vide orders dated 20.8.2018 and 18.9.2018. He has further submitted that even as per the prosecution case, general role of assault has been assigned to the applicant along with six other nominated persons and the applicant is said to be armed with lathi-danda along with four other nominated persons. Lastly, it is submitted that applicant is in jail since 1.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means and he has no criminal history to his credit.
Learned AGA learned counsel for the complainant have opposed the prayer for bail, but could not dispute the fact that applicant has only been assigned the general role of assault by lathi and danda and he has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Afroz Alias Babloo be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted 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 :- 30.11.2018 R