Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47747 of 2018 Applicant :- Fazeel Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Anshul Tiwari,Shri V.P. Srivastava Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated; that as per averments made in F.I.R., fatal fire arm injury in the head of Tausif Ahmad @ Arif was caused by co-accused Junaid Ahmed and applicant has not been assigned with the role of causing any injury to the deceased; that as per postmortem report, deceased sustained single fire arm injury in his head which resulted in his death; that the case of applicant is distinguishable from co-accused Junaid Ahmed; that co- accused Uvaid Ahmad with identical role, has been granted bail by this Court vide order dated 28.11.2018 passed in Criminal Misc. Bail Application No. 41977 of 2018 copy has been produced for perusal; that applicant has explained his criminal history in para 19 and 20 of the affidavit; that applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 27.06.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Fazeel Ahmad be released on bail in Case Crime No.249 of 2018, under Sections 302, 504, 506, 34 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Cantt., District Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2018 M. ARIF