Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11568 of 2018 Applicant :- Ajaz Ansari Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons namely, Rakesh, Shivlakhan, Ajaz Ansari and Sonu alleging that on 30.7.2016 co-accused Rakesh and Shivlakan were arrested by the police with illegal firearms, cartridges, motorcycle and other materials. Applicant and co-accused Sonu fled away. They also shot fire at police personnels but they escaped themselves.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is a case of no injury. The named of the applicant and co- accused Sonu were disclosed by co-accused Rakesh and Shivlakhan in his confessional statement before the police. There is no independent witness. He is languishing in jail since 24.2.2018 (more than one months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Ajaz Ansari involved in Case Crime No. 392 of 2016, under Sections 307, 34 IPC, Police Station Khaga, District Fatehpur 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018//A. Singh