Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47220 of 2021 Applicant :- Afzaal Saifi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Afzaal Saifi and Adil Saifi seeking enlargement on bail during trial in connection with Case Crime No. 208 of 2021, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 352, 225, 427, 307 I.P.C.
registered at P.S.- Ughaiti, District- Budaun.
Submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated. Applicants have not committed the alleged offences. In the alleged incident of firing, no police personnel sustained any firearm injury. Further submitted that role of firing has been assigned to co-accused Arif. Applicants were not present on the spot and were falsely roped in the present case on account of village partibandi. Further submitted that the applicants are languishing in jail since 02.10.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that in the alleged incident of firing no police personnel sustained any firearm injury, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Afzaal Saifi and Adil Saifi involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 v.k.updh.