Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17578 of 2019 Applicant :- Firoz Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Mohd. Akbar Shah Alam Khan, learned counsel filed vakalatnama on behalf of the informant today, is taken on record.
Heard Sri Prashant Kumar Tripathi, learned counsel for the applicant, Sri Mohd. Akbar Shah Alam Khan, learned counsel for the informant, Sri Pankaj Srivastava, 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, Firoz Khan with a prayer to release him on bail in Case Crime No. 36 of 2019, under Section 307 I.P.C., Police Station- Haliya, District- Mirzapur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The F.I.R. has been lodged by the informant against two named and one unknown person stating therein that on 06.02.2019 at 08:30 p.m., when the informant's cousin Ruhul Ismail was going on a motorcycle, he was dragged by the accused persons, who tried to overtake the motorcycle of the injured and fired on him due to which injuries were sustained on his right leg. As per statement of the injured, the role of causing injury upon him has been assigned to the co-accused- Mobin Khan. In the statement of the injured, he has also stated that since the mother of the applicant is present Pradhan and a complaint was made from his side regarding some embezzlement due to which they have strong motive to commit the incident. It is next submitted that as per the statement of the injured, the role of firing has been assigned to the co-accused- Mobin Khan due to which the injured had sustained injury on non-vital part, therefore, there is no role of the applicant in causing injury to the injured, hence the case of applicant is distinguished from other co-accused. The applicant is languishing in jail since 14.02.2019. 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 :- 26.4.2019 JK Yadav