Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40544 of 2020 Applicant :- Firoz @ Kakil Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Misra, Sadaful Islam Jafri, Sr. Advocate, Viresh Misra Counsel for Opposite Party :- G.A.,D.M.Tripathi
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant, Sri D.M.Tripathi, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Firoz alias Kakil in connection with Case Crime No.967 of 2019, under Sections 147, 148, 149, 302, 120-B I.P.C., Police Station Sikandrabad, district Bulandshahr.
The first information report of this incident was lodged by the complainant eleven named and one unknown person. It was alleged in the first information report that 22.11.2019 at about 2.30 p.m. the named accused persons, who were armed with illegal weapons started indiscriminate firing upon Sajid in front of Mosque. It was also alleged that Saijd had died at the place of occurrence.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Rashid has been admitted to the concession of bail by another Bench of this Court by order dated 01.11.2021 passed in Criminal Misc. Bail Application No.20268 of 2020, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 07.08.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Firoz alias Kakil involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.12.2021 R./