Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48957 of 2018 Applicant :- Amiruddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Amiruddin seeking bail in Case Crime No. 2181 of 2018, under Sections 147, 148, 149, 307, 353, 336, 323 IPC and Section 7 of Criminal Law Amendment Act, Police Station Sihani Gate, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in the present incident, 15 known and 30-40 unknown persons have been nominated alleging therein that they were resorting to pelting of stones and firing, however, nobody has suffered any injury.
Learned counsel for the applicant has next submitted that similarly placed co-accused Shakeel Ahmad has already been granted bail by this Court in Criminal Misc. Bail Application No. 47315 of 2018 vide order dated 11.12.2018.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in para 3 of the supplementary affidavit, which is under the Arms Act and the applicant is in jail since 13.11.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co- accused Shakeel Ahmad has already been granted bail by this Court and the applicant is in jail since 13.11.2018.
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 the applicant Amiruddin be released on bail in the aforesaid case crime number on his 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 applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is 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 :- 22.1.2019 Nadim