Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 10.9.2019 (after four days of incident) against four accused persons, namely Ali Ahmad, Dilshad, Chulbul and Allah Khan alleging that on 6.9.2019 Sahibe Alam, he received head injury clotted blood was found on his brain, resultantly died. Three persons were also received injuries but simple in nature.
It is submitted by learned counsel for the applicants that co-accused namely Ali Ahamd and Allah Rakkha @ Allah Khan have already been granted bail by co-ordinate Bench of this Court vide order dated 22.11.2019 in Bail No. 11205 of 2019, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is author of head injury due to which he died. There is no independent witness and no legal evidence against the applicants. Nothing was recovered at the pointing out of applicants. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 4.10.2019 (more than one and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and the case of present applicants is identical to co-accused Ali Ahamd and Allah Rakkha @ Allah Khan who have been enlarged on bail.
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 applicants Chulbul @ Noor Alam and Dilshad involved in Case Crime No. 147 of 2019, under Sections 304, 323, 504, 506 IPC, Police Station Aliganj, District Ambedkar Nagar 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.11.2019 A. Singh