Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3868 of 2019 Applicant :- Aslam Urf Kala Bhut Opposite Party :- State Of U.P.
Counsel for Applicant :- Balram Singh,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. It has been further submitted that injury sustained by the injured is not grievous in nature and danger to life. It has further been submitted that after laps of 3 months the applicant was arrested only in case crime no. 262 of 2017, then the police has involved him in this case along with other co- accused. The applicant is innocent and has been falsely implicated in this case. The applicant has not committed the alleged offence. The charge sheet was submitted in this case. There is no direct evidence to connect the applicant with the present case. The co -accused Rizwan @ Adwani has already been released on bail by another bench of this court vide order dated 20.12.2017, therefore, applicant is also entitled for bail. The criminal history of the applicant has been explained in paragraph nos. 10 to 13 of the affidavit filed in support of bail application and he is in jail since 17.9.2017.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Aslam Urf Kala Bhut involved in Case Crime No.168 of 2017, S.T. No. 1166 of 2017 under Section 307, 34 IPC Police Station Rohta District Meerut 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 he will cooperate 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 :- 29.1.2019 Gss