Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38333 of 2021 Applicant :- Faizan Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Babu Vaish,Mohammad Zakir,Sanjay Babu Kesherwani Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Learned counsel for the applicant filed Supplementary affidavit, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Faizan seeking enlargement on bail during trial in connection with Case Crime No. 0452 of 2021, under Sections 323, 307 I.P.C. registered at P.S.- Gulaothi, District- Bulandshahr.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. No specific role has been assigned to the applicant. Only general allegations are there against all the three accused persons. Injuries on the left thigh are not dangerous to life. Nothing has been recovered from the possession of the applicant. There is no criminal history of the applicant. Further submitted that the applicant is languishing in jail since 14.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that no specific role has been assigned to the applicant, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Faizan involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 v.k.updh.