Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15414 of 2018 Applicant :- Babbu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against seven accused persons, namely, Babbu, Mohd. Umar, Haroon, Matlub, Nabbu, Kallan and Pappu; alleging that on 12.11.2017 at morning 6 a.m. they assaulted Nanhey, Islam and Mukhtyar with sharp-edged weapon, they received injuries, resultantly Nanhey died. Allegation was made against the applicant and co-accused Babbu that at the time of incident they were present there.
It is submitted by learned counsel for the applicant that co- accused namely Haroon has been granted bail by this Court vide order dated 20.4.2018 in Criminal Misc. Bail Application No. 14555 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offence under Section 302 IPC was not made out against the applicant. No role of active participation was assigned against the applicant because he was present there. He is languishing in jail since 14.11.2017 (more than five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Babbu involved in Case Crime No. 386 of 2017, under Sections 147, 148, 149, 307, 302 read with 34 IPC, Police Station Shahjadnagar, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 A. Singh