Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9402 of 2018 Applicant :- Baboo @ Tahir And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused persons, namely, Shameem Ahmad, Uvasih, Bajhul Kamar and Aaqeel Ahmad alleging that on 20.08.2017 some explosive substance was blast at the time of marriage and some persons have received injury and Qasim was died.
Learned counsel for the applicants submitted that co-accused Uvaish has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 8.3.2018 passed in Criminal Misc. Bail Application No. 7673 of 2018; there is no eye witness account or independent witness against the applicants; having no criminal history; both are not named in the F.I.R.; there is no evidence against the applicants; the applicants have been falsely implicated in the present case; the role of the applicants is identical to that of the co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are languishing in jail since 17.9.2017 (more than eight months).
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicants Baboo @ Tahir and Shakeel Ahmad involved in the Case Crime No. 629 of 2017, under Sections 302, 201, 34 I.P.C. and Section 5 of Explosive Substance Act, P.S. Baheri, District Bareilly be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 30.5.2018 OP