Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40220 of 2019 Applicant :- Barkat Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sanjay Shukla, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Afroj Ali, Majhar Ali, Firoj Ali, Barkat Ali and Banti alleging that on 10.6.2019 they assaulted Shashikant with lathi-danda and knife, he received three incised wound injuries, resultantly died. During investigation, it was found that main role of assault was assigned to Firoz Ali and blood stained knife used in the crime was recovered at the pointing out of Firoz Ali.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except co-accused Firoz Ali. Main role of assault was assigned to co-accused Firoz Ali and blood stained knife used in the crime was also recovered at the pointing out of co-accused Firoz Ali. The case of applicant is distinguishable from co-accused Firoz Ali. There is no independent witness and no legal evidence against the applicant. Nothing was recovered at the pointing out of applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 16.6.2019 (near about three and half 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 opposed the prayer for bail.
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 applicant Barkat Ali involved in Case Crime No. 190 of 2019, under Sections 147, 302, 504, 506 IPC, Police Station Barhalganj, District Gorakhpur 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 :- 27.9.2019 A. Singh