Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41940 of 2018 Applicant :- Alliullah Shekh And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Aliullah Shekh, Imtiyaz Khan, Ram Pyare Gaud and Irshad Khan seeks bail in Case Crime No.
335 of 2018, under Sections 147, 148, 149, 323, 504, 506, 352, 307 and 308 IPC, P.S. Rampur Karkhana, District- Deoria.
Learned counsel for the applicants has submitted that even according to the prosecution case, the role of assaulting three victims, namely Haider Ali, Tabarak and Abdul Mannan has been assigned to Roshan, Ashfaq and Matiullah and the applicants are not assigned specific role of causing any injury to the victims. Learned counsel for the applicants has further submitted that applicants are in jail since 26.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that no specific role of assaulting the victims has been assigned to any of the applicants and the applicants are in jail since 26.9.2018 and they have no criminal history to their credit.
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- Aliullah Shekh, Imtiyaz Khan, Ram Pyare Gaud and Irshad Khan 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 :- 31.10.2018 KU