Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48580 of 2018 Applicant :- Amir Opposite Party :- State Of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Gaurav Kakkar
Hon'ble Harsh Kumar,J.
Sri Rakesh Singh filed his vakalatnama on behalf of applicant as well as Sri Gaurav Kakkar filed his power on behalf of complainant which are taken on record.
Heard Sri Rakesh Singh, learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated; that as per prosecution case at about 08:00 p.m. on 10.07.2018, father of first informant was coming back from the shop and was stabbed by applicant and two others; that in their statements, first informant and alleged eye witness Abdul Gaffar stated that at the time of incident, first informant, his father and his uncle were coming on their respective two wheelers, and father of first informant was behind them, and on way, first informant heard a noise of falling of motorcycle of his father and found that he was being stabbed by three persons, out of which, Amir and Aleem were catching hold of his father, and Imran stabbed in his abdomen; that entire prosecution case is absolutely false and incorrect, and it appears that deceased was stabbed by unknown persons late in night, and assailants could not be identified; that applicant has been falsely implicated due to enmity; that case of applicant is distinguishable from Imran who is the author of fatal injury; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 17.07.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Amir be released on bail in Case Crime No. 372 of 2018 under Section 302 I.P.C., P.S. Kutubsher District Saharanpur 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 :- 21.1.2019 M. ARIF