Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45381 of 2018 Applicant :- Ahmad And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ahmad and Tanweer seeking bail in Case Crime No. 1165 of 2016, under Sections 323, 498, 504, 365, 346 IPC, Police Station Bakhira District Sant Kabir Nagar.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that similarly placed co-accused Shadab has been granted bail by this Court in Crl. Misc. Bail Application No. 16495 of 2017 vide order dated 05.05.2017.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 27.09.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that similarly placed co-accused Shadab has already been granted bail and the fact that the applicants are in jail since 27.09.2018.
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 applicants have made out a case for bail.
Let the applicants Ahmad and Tanweer be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 29.11.2018 Ashok Gupta