Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17472 of 2019 Applicant :- Dildar Opposite Party :- State Of U.P.
Counsel for Applicant :- Maimoona Fatima Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Ms. Maimoona Fatima, learned counsel for the applicant, Sri O.P. Singh, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Dildar with a prayer to enlarge him on bail in Case Crime No.135 of 2019, under Sections 147, 148, 149, 307, 323, 325, 336 I.P.C., Police Station Bannadevi, District Aligarh.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR while the informant along with his brothers, namely, Rajkumar and Rameshwar were returning home after working in the fields, they saw about 30-35 persons of Muslim community raising slogans to which they objected on which these persons attacked on them. It is argued that one Afaq Ali hit the informant on his head. On hearing the noise, the villagers came on the spot and one of the villager Naresh was assaulted by one of the person present in the mob. In the statement of the first informant it has been stated that accused Shahrukh has caused injury to Naresh and accused Afaq Ali is the author of injury of the informant. The injuries are simple in nature. It is argued that there was a sudden quarrel between the parties in order to disturb the society for which both the parties are responsible. It has also been argued by learned counsel for the applicant that the applicant is Carpenter in PSC and posted at Bulandshahr and had come to attend some marriage in the village. It is next contended that applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 01.03.2019. Accordingly, he requests for bail.
Learned counsel for the State vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.4.2019 Anand Sri./-