Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47915 of 2018 Applicant :- Asif @ Bablu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Asif @ Bablu and Sohail seeking bail in Case Crime No. 146 of 2018, under Sections 307/34 IPC, P.S. Ata, District Jalaun.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R nor in the statement of the victim recorded under section 161 Cr.P.C.. Learned counsel for the applicant has next submitted that the applicants have been nominated as an accused on the basis of the statement of one Prem Narayan Tripathi who stated that he suspects the applicants alongwith his father to be involved in the present case. Learned counsel for the applicants has next submitted that apart from the aforesaid case, the applicants after being arrest in the present case have been falsely implicated in a case registered vide case crime no. 147 of 2018 under section 302, 307 I.P.C. in which also they have not been nominated and the said case is pending investigation and in three other cases.
It is lastly submitted that the applicants have no other previous criminal history to their credit and the applicants are in jail since 3.8.2018 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants have made out a case for bail.
Let the applicants, Asif @ Bablu and Sohail be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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 :- 28.2.2019 R