Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Amir @ Akshay Khanna with a prayer to enlarge him on bail in Case Crime No. 579 of 2019, under Sections 147, 148, 149, 323, 332, 336, 188, 333, 353, 341, 307, 504, 506, 153AA I.P.C. alongwith added Section 304 IPC and Section 7 Criminal Law Amendment Act, Police Station Ramgarh, District Firozabad.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case and the applicant was not named in the FIR. His name came in light by the confessional statement made by the co-accused whereupon he was arrested and he also made a confessional statement. It is further submitted that nothing incriminating has been recovered from the possession of the applicant except the confessional statement. There is no other eye witness account against the applicant. It is further submitted that the case is based on circumstantial evidence as there was a crowed of 400 to 500 people the alleged offence was committed in the crowed. It has also been submitted that three co-accused persons namely Faeem @ Khava, Mohsin @ Moseen and Kullu @ Kallu @ Ajeem have already been granted bail by the coordinate Bench of this Court, vide orders dated 7.12.2020 and 12.1.2021 passed in Criminal Misc. Bail Application Nos. 40063 of 2020, 38239 of 2020 and 48545 of 2020. Copy of bail orders has been produced before this Court, which is taken on record. He further submitted that the role of the applicant is identical to that of co-accused, who have already been enlarged on bail. It is further submitted that accused applicant has no criminal history and the criminal history which is alleged by the learned A.G.A. is of a case of sequence to this case and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 5.10.2020 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 for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the 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 applicant 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 :- 21.1.2021 Mini