Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46329 of 2017 Applicant :- Furkan Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, on getting information police arrested Furkan with one motorcycle Discover without any number, one countrymade pistol, four live cartridges and three empty cartridges. other two accused fled away from the spot. They also shot fire indiscriminately on police party but they escaped themselves. FIR was lodged against Furkan, Munavvar and unknown person.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 9.9.2017(more than five months); he has criminal history of six cases which have been explained; he has been falsely implicated in the present case; there was no independent witness; no injury was found on police personnels; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Furkan involved in Case Crime No.639 of 2017, under Section 307 IPC, Police Station Budhana, District Muzaffarnagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.2.2018 P.P.