Learned counsel for the applicants is permitted to correct the case crime number in the bail application.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that even according to the prosecution own case, 21 named and 300-400 persons are said to be involved in the present case on the allegation that they had opened fire upon the police personnel. Learned counsel for the applicants has next submitted that the crowd also resorted to pelting stones, due to which some police personnel have received injuries. It has further been submitted that applicants are not named in the FIR nor any specific role has been assigned to them. The co-accused Sameer Khan having identical role has already been released on bail by another bench of this court vide order dated 10.12.2018 in Criminal Misc. Bail Application No. 45175 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. The applicants have no criminal history and are in jail since 23.9.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Sameer Khan having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Chhote @ Haneef and Shanu @ Islam Khan involved in Case Crime No. 366 of 2018, under section 147, 148, 149, 307, 353, 332, 323, 504, 506, 336, 153-A, 505(3), 427 IPC and Section 7 Criminal Law Amendment Act, P.S. Bithri Chainpur, District Bareilly be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They shall 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 applicants.
Order Date :- 29.1.2019 Masarrat