Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56794 of 2019 Applicant :- Aneesh Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that initially the FIR of the alleged incident was lodged against four persons including the applicant making general allegation for committing marpeet with the deceased and injured person. No specific role has been assigned to the applicant. During the investigation three accused persons namely, Shamsher Ahmad, Shakeel Ahmad and Sahajad have already been added in this case. As per postmortem report five injuries have been found on the body of the deceased and the cause of death of the deceased has been shown coma due to antemortem head injury but it has not been specified as to who is author of this injury. The deceased died after two days of the alleged incident. There is general allegation against seven persons for committing marpeet with the deceased and injured person. It has further been submitted that the applicant has not committed the alleged offence. No incriminating article has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that the applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 16.10.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Aneesh Ahmad involved in Case Crime No. 492 of 2019, under Sections 147, 148, 323,304, 308, 504, 506 IPC P.S. Kotwali Mau, District Maua be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 19.12.2019/A.