Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49379 of 2018 Applicant :- Banne Shekh @ Meraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Yashpal Yadav,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Banne Shekh @ Meraj seeks bail in Case Crime No. 03 of 2017, under Sections 147, 148, 149, 307, 397, 352, 435, 436, 34, 120-B IPC, P.S. Madanpur, District- Deoria.
Learned counsel for the applicant has submitted that the F.I.R. was lodged against thirteen known persons and 1000 unknown persons including the applicant alleging therein that on 4.1.2017 due to the death of a child, they assaulted several persons, which resulted in road hold up. Learned counsel for the applicant has next submitted that large number of Co-accused namely Imran, Noor Alam @ Daidul, Dagaru @ Shabbir Ahmad, S.K. Abbas, Imran, Sheru @ Javed Sheikh and Nadeem have already been granted bail by this Court on 31.7.2017, 18.8.2017, 28.7.2017, 27.7.2017, 20.02.2018 and 22.3.2018 in Criminal Misc. Bail Application No. 26855 of 2017, 29767 of 2017, 26181 of 2017, 26885 of 2017, 6076 of 2018 and 10725 of 2018. Learned counsel for the applicant has next submitted that since the role of applicant is similar to that of co-accused, who were granted bail and as such the applicant is also entitled to be released on bail. Lastly, it is submitted that the applicant is in jail since 26.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail and that the applicant is in jail since 26.11.2018.
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 applicant has made out a case for bail.
Let applicant Banne Shekh @ Meraj be released on bail in the aforesaid case crime number on his 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 applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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 :- 21.12.2018 KU