Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 674 of 2016 Applicant :- Afzal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rizwan Ullah Siddiqui,Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G.
A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 403 of 2013, under Section-
302 IPC, Police Station-Kotwali Mandi, District- Saharanpur and is in jail since 29.12.2013, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that there is neither any direct nor circumstantial evidence indicating the complicity of the applicant in the present crime in question and no incriminating article has been recovered either from the possession of the applicant or on his pointing out. The applicant who is in jail since 29.12.2013 and has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Afzal be released on bail in Case Crime No. 403 of 2013, under Section-302 IPC, Police Station-Kotwali Mandi, district-Saharanpur on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by his;
(b) 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.
Order Date :- 26.4.2018 MT**