Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8940 of 2019 Applicant :- Ateeq Ahmad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Ateeq Ahmad and Rihan Khan seeking bail in Case Crime No. 232 of 2017, under Sections 323, 504, 308 IPC, Police Station Nidhauli Kalan, District Etah.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that as per the allegations made in the FIR, as many as four persons are said to have assaulted the victim, due to which, Shahzad, Bajruddin and Ramzani suffered injuries on their persons. Perusal of the injury report shows that Shahzad has suffered serious injury on his head, however, in the statement of the victim, the said injury has been assigned to co-accused Chand Miyan. In the statement of the victim, the other injured are said to have been assaulted by Chand Miyan, Ateeq and Rehan. However, injuries sustained by other victims are simple in nature and there is no X-Ray report available on record.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 22.01.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants have no criminal history to their credit and they are in jail since 22.01.2019.
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 Ateeq Ahmad and Rihan Khan 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 their 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 /Nadim