Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5357 of 2019 Applicant :- Akram Opposite Party :- State Of U.P. Counsel for Applicant :- Nipun Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A., is taken on record.
Heard Shri Nipun Singh, learned counsel for applicant, learned A.G.A. for State and perused the record.
This is second bail application after rejection of first bail application vide detailed order dated 23.8.2017.
Learned counsel for applicant contended that after rejection of first bail application, three prosecution witnesses namely Mausam Ali (the first informant), Mohd. Vakil (the injured) and Samim (the eye witness) have been examined before trial Court and in their statements on oath before the trial Court, they have not named applicant as the real culprit, rather it is stated that miscreants entered in the shop by covering their faces and could not be identified; that applicant is brother-in-law of village Pradhan and has been falsely implicated due to village party bandi; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 7.6.2016.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Akram be released on bail in Case Crime No.354 of 2016, under Section 307 & 506 I.P.C., P.S. Charthawal, District Muzaffarnagar, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.7.2019 Anil K. Sharma