Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35442 of 2019 Applicant :- Bhoora Opposite Party :- State of U.P.
Counsel for Applicant :- Sujeet Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sujit Kumar Rai, learned counsel for the applicant, learned AGA for the State and perused the record.
FIR has been lodged by the President of the Masjid Committe with the allegation that the applicant and other temporary shopkeepers were using electricity by using Katiya and one neutral phase was connected with the gate of Jama Masjid situated at Sector 8, NOIDA and unfortunately electric current ran on the gate of Jama Masjid and at that time the deceased Amjad died due to electrocution.
The contention raised on behalf of the applicant has been confined to the submission that the applicant is innocent and has been falsely implicated in this case. The allegation against the applicant, is general in nature and no specific role has been assigned to the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 11.07.2019.
Learned A.G.A. has opposed the prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Bhoora involved in 1579 of 2018, under Section 304 IPC, Police Station Section 20, NOIDA, Gautam Budh Nagar 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 subject to following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 N Tiwari