Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11659 of 2018 Applicant :- Amir Urf Guffa Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case, the F.I.R. was lodged against six persons, namely, Aamir @ Guffa, Sarik Satha, Ishan Mohsin,Anwar, Hasib Member and Ubaid alleging that on 30.1.2018 they were arrested by the police with country made pistol, cartridges and some motor cycles. They shot fire on the police personnel but they escaped themselves.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the recovery of motor cycle has not been connected with any offence. He is languishing in jail since 30.01.2018 (about two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Amir Urf Guffa involved in the Case Crime No.30 of 2018, under Sections 147,148,149,307,411,413 I.P.C., Police Station Baniyather, District Sambhal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 Su