Court No. - 52
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20434 of 2020 Applicant :- Bismillah Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21376 of 2020 Applicant :- Shamshuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Since these two cases arise out of same case crime number, they are being decided by a common order.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Deceased was the grand daughter of applicant Bismillah. It is also submitted that applicants are the licence holder of sale and purchase of explosive substance. Essential ingredients to attract the offence under Section 304 IPC are lacking. At this juncture, learned counsel for the applicants referred to the provisions of Section 299/300 IPC and further submitted that it is purely an accidental case. Applicants have no criminal history. They are languishing in jail since 31.12.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Bismillah and Shamshuddin involved in Case Crime No. 216 of 2019, under Sections 304, 427 IPC and 3/4/5 Explosive Substance Act, P.S. Tathiya, District - Kannauj be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021 safi