Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15959 of 2018 Applicant :- Faizan Ansari Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
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 four accused persons, namely, Rajesh, Shiva Singh, Abhay Singh and Anil Singh; the co-accused Rajesh and Shiva Singh shot fire on Harivansh Yadav, he received gunshot injuries resultantly died; during investigation the mother of deceased surfaced the name of this accused alleging that he was also indulged in this crime.
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; the applicant is not named in the F.I.R; the name of this accused was disclosed by the mother of the deceased; there is no legal evidence against this accused; specific role of firing has been assigned against Rajesh and Shiva; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 07.03.2018 (more than one and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Faizan Ansari involved in the Case Crime No. 15 of 2018, under Sections 302 and 120B I.P.C., P.S. Sadat, District Ghazipur 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 :- 30.4.2018 A. Tripathi