Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14240 of 2017 Applicant :- Firasat Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Gautam,Vinod Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant- Firasat seeks bail in Case Crime No. 01 of 147, 148, 149, 307, 435, 436, 395, 397, 323, 504, 506, 332, 353, 427, 186, 336, 34, 452, 120-B IPC and 3/4 of Prevention of Damage to Public Property Act 1984 and 7 Criminal Law Amendment Act, PS Madanpur, district Deoria.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The FIR was registered against 43 named and 1000 unnamed male and female persons that a dead body was found in the field and the accused persons created ruckus by raising slogan, pelting stones and assaulting with spade, lathi and danda to the police personnel causing extensive damage at the police station by setting on fire furniture and police jeep. It is submitted that the applicant was not involved in any such offence as alleged in the FIR and has been apprehended merely on suspicion at the inkling and connivance of interested persons. The applicant is languishing in jail since 06.1.2017 having no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
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, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Firasat, involved in 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 :- 19.4.2017 Ishrat