Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Ameer Azam Urf Ajeem Azam in Case Crime No. 330 of 2019, under Section 302, 120-B I.P.C., P.S.- Meerapur, District - Muzaffar Nagar.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission is that F.I.R. was registered against four persons and all of them were exonerated and on the basis of information given by the police informer the name of the accused applicant and others came in light. Further submission is that co-accused Brahma Pal was alleged to have entered into a conspiracy and it has been submitted that the role assigned to this accused applicant to that of supplying a country made pistol. Further submission is that there is no eye witness of the incident. Further submission is that co-accused Brahma Pal has been granted bail by coordinate Bench of this Court vide order dated 16.09.2020 passed in Criminal Misc. Bail Application No. 24507 of 2020 and order is attached with this bail application. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds and therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 08.11.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail, but he has conceded thta except the confessional statement there is no other evidence against the accused applicant.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Ameer Azam Urf Ajeem Azam be released on bail in Case Crime No. 330 of 2019, under Section 302, 120-B I.P.C., P.S.- Meerapur, District - Muzaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 7.1.2021 Bhanu