Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49363 of 2019 Applicant :- Ateeq @ Atif And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Shri Nazrul Islam Jafri (Sr Advocate) Counsel for Opposite Party :- G.A.,M J Akhtar,Zia Naz Zaidi
Hon'ble Yashwant Varma,J.
Heard Sri N.I Jafri learned Senior counsel for the applicants, Sri Om Prakash, learned AGA for the State as well as Sri V.M. Zaidi, learned Senior counsel appearing for the informant and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 635 of 2018, under Sections 147,148,149,307,302,506,34 I.P.C., Police Station Nauchandi, District Meerut with the prayer to enlarge them on bail.
For the purpose of evaluating the prayer for bail, the Court takes into consideration that the applicants have been summoned to face trial consequent to the order passed by the Chief Judicial Magistrate dated 1 October 2018 allowing the protest petition. From the material obtained in the course of investigation till date, the Court notes that the act of use of the firearm has been ascribed to one Mujeev. This is evident from the statement of Javed, an independent witness. Insofar as the injured witness is concerned, he has ascribed a general role to the applicants. The applicants are otherwise stated to have no other criminal history.
Learned AGA has opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicants namely Ateeq @ Atif and Hifzurrahman @ Hafizurrahman 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 following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 27.11.2019 LA/-