Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56762 of 2019 Applicant :- Anwar Opposite Party :- State of U.P.
Counsel for Applicant :- Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 382 of 2019, under Sections 302, 120B I.P.C., P.S. Khurjanagar, district-Bulandshahar, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against accused Farooq with the allegation that in the night of 22.6.2019 at about 9:45 p.m. his brother refused to give his phone to accused Farooq saying that the accused might call to some criminals at this Farooq got annoyed and fired at the deceased with country made pistol and the injured succumbed to injuries in hospital. It was also mentioned in the FIR that this incident was witnessed by younger brothers of the informant namely, Mohd. Naim and Mohd. Rais, who were present at the place of occurrence.
Learned counsel for the applicant has submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive as the alleged witnesses who were allegedly present at the place of incident has not implicated the present accused. He next submitted that the role assigned to the present accused is that he was standing at the occurrence site along with other co-accused and the role of causing firearm injury has been assigned to co-accused Farooq. He lastly submitted that the applicant, who is in jail since 2.8.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. but has accepted that the main role of causing firearm injury to deceased was assigned to co-accusd Farooq.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Anwar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.12.2019 LBY