Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2166 of 2018 Applicant :- Danish Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivasta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit and supplementary affidavit filed today are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against three accused persons, namely, Prins Kumar, Mohd. Danish and Akhilesh Pandey alleging that on 30.10.2017 they shot fire upon the injured Mohd. Saif and he has received injury on his right leg.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; injury received by the injured is not on vital part; according to the affidavit of injured Mohd Saif the main role of firing has been assigned to the co-accused Prince; the co-accused Prince and Akhilesh Pandey have already been enlarged on bail by the lower court; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 03.11.2017 (more than more four and half months) the criminal history of two cases have properly been explained.
Learned A.G.A. opposed the prayer for bail and admitted that criminal history against this accused has been explained.
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 the applicant Danish Khan involved in the Case Crime No. 2461 of 2017, under Section 307/34 I.P.C., P.S. Basti, District Basti be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.3.2018 A. Tripathi