Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47022 of 2018 Applicant :- Farman Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra,Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the co-accuseds, Aasif Ali @ Lambu and Sunni @ Ganga Ram, have already been enlarged on bail vide orders dated 05.10.2018 and 15.11.2018 passed in Criminal Misc. Bail Application Nos. 38311 of 2018 and 42325 of 2018. The applicant is in jail since 21.04.2018. The criminal history of the applicant has been mentioned in the affidavit in support of the bail application.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Farman, be released on bail in Case Crime No. 236 of 2017, under Section- 307 IPC, Police Station- Kasna, District- Gautam Budh Nagar, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 31.7.2019 Rohit