Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20354 of 2018 Applicant :- Azhar Bux Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mahesh Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the co-accused Sahil Anwar had approached this Hon'ble Court through Crl. Misc. Writ Petition No. 11306 of 2018 (Sahil Anwar Vs. State of U.P. and three others) and on 03.05.2018 the Hon'ble Court had passed an order of staying the arrest of the petitioner till the submission of the police report under section 173(2) Cr.P.C. A copy of the said order has been annexed as Annexure No. 5 to the affidavit filed in support of bail application. It is also submitted that the role of applicant stands identical to the role of co-accused Sahil Anwar. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.04.2018. It is further submitted that the criminal history of the applicant has properly been explained in para 20 to the affidavit filed in support of bail application.
Learned A.G.A. 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 charge and the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Azhar Bux involved in Case Crime No. 51 of 2018, under Sections 323, 504, 506, 147, 326, 387 I.P.C., Police Station Nawabad, District Jhansi be released on bail on his 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 applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 :- 29.5.2018 Arti