Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32148 of 2018 Applicant :- Asif And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shaiwal Kumar Yadav,Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submitted that there is cross version of the F.I.R. After two months of lodging of F.I.R by the applicants, the complainant has lodged the present First Information Report. Two persons received injuries from the side of the prosecution while three persons received injuries from the side of defence, which the prosecution has not been able to explained. It is apparent that the prosecution has not come up with clean hand and it is difficult to ascertain as to which party was the aggressor. He next submitted that the applicants have no criminal history. The applicants are in jail since 17.07.2018.
Learned A.GA. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the change, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Asif and Mohammad Suhail involved in Case Crime No. 137 of 2017, under Sections 147, 148, 452, 323, 325(B) I.P.C., Police Station Jewar, District Gautam Budhh Nagar be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the Court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 SFH