Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30470 of 2019 Applicant :- Fareed Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imdad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mohd Imdad Siddiqui, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Fareed Khan with a prayer to release him on bail in Case Crime No. 137 of 2019, under Sections 332, 353, 504, 324 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act, Police Station- Bhojpur, District- Ghaziabad, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the prosecution case, on 18.04.2019 at 12:00, when the victim, who was posted as Clerk in the office of Nagar Panchayat, Fareednagar, was doing his work, Fareed Khan along with two unknown persons came and asked him to prepare the death certificate of Chand Miya and when he told that the death certificate of aforesaid person had already been issued as such no other certificate can be issued, they started abusing and beating him. It is next submitted that the co-accused - Farman has been granted bail by this Hon'ble Court vide order dated 11.07.2019 passed in Criminal Misc. Bail Application No. 27706 of 2019, copy of which order has been passed on to the Court today is kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 19.04.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Priya