Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8328 of 2018 Applicant :- Afsar Ali And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Nazrul Islam Jafri,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Jitendra Pal Singh,Pradeep Kumar Singh,Shailesh Kumar Tiwari
Hon'ble Aniruddha Singh,J.
Counter affidavit and supplementary affidavit filed today are taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against seven accused persons, namely Israk, Sajiv, Afsar Ali, Sanabbar Ali, Mohsin, Afak and Akram alleging that on 10.10.2017 they assaulted Kaushar Ali. He received eight injuries, resultantly died.
Learned counsel for the applicant submitted that applicant no. 1 is a T.B. patient since long the applicants are languishing in jail sine 22.10.2017 (more than one year and one month); having no criminal history; the applicants are innocent and have been falsely implicated in the present case; general role has been assigned to all accused; there is no independent witness and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicants further submitted that there is no possibility of case being decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Sri Jitendra Pal Singh and Sri Sailesh Kumar Tiwari, learned counsel for the complainant submitted that due to previous enmity they killed the deceased and they grabbed the property of Gaon Sabha also.
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 the applicants Afsar Ali and Sanabbar Ali involved in Case Crime No. 459 of 2017, under Section 147, 148, 342, 308, 304 IPC, Police Station-Ushait, District-Budaun 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 :- 27.11.2018 OP