Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48359 of 2018 Applicant :- Alla Bux Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.,No New Counsel Parcha Filed,No New Counselparcha Filed
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Alla Bux and Nizak Ahmad seeks bail in Case Crime No. 366 of 2018, under Sections 147, 148, 149, 307, 353, 332, 323, 504, 506, 336, 153-A, 505(3), 427 IPC and 7 Criminal Law Amendment Act, P.S. Bithri Chainpur, District- Bareilly.
Learned counsel for the applicants has submitted that even according to the prosecution own case, 21 named and 300-400 unknown persons are said to be involved in the present case on the allegation that they had opened fire upon police personnel, but no one has suffered any firearm injury. Learned counsel for the applicants has next submitted that the crowd also resorted to pelting of stones, due to which some police personnels have received injuries. Learned counsel for the applicants has next submitted that applicants are not named in the first information report nor any specific role has been assigned to them and during investigation, their name had surfaced. Lastly, it is submitted that applicants are in jail since 23.9.2018 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. The applicants have no criminal history to their credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicants are not named in the first information report and no specific role of pelting stone has been assigned to the applicants.
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 applicant has made out a case for bail.
Let applicants Alla Bux and Nizak Ahmad 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 are 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 :- 18.12.2018 Md Faisal