Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34301 of 2017 Applicant :- Gayas Mirza Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A.,Mukhtar Alam
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 26th June, 2017 at 09:20 a.m. by the complainant Azhar Khan son of the deceased Jafar Khan against three accused persons, namely, Shakir Mirza, Gyas Mirza and Sabha Khan @ Rani; alleging that on 26th June, 2017 at about 07:45 a.m. they came to their house and assaulted the father of the complainant Jafar Khan by gun shot fire, he received gun shot injuries resultantly died. They also fired upon the complainant and his two daughters due to which they have also been injured. Specific role has been assigned to co-accused Shakir Mirza.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role has assigned against the applicant except conspiracy with the co-accused. There is general allegation against the applicant. Main role is assigned to co-accused Shakir Mirza. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. The criminal cases pending pending against the applicant have been properly explained by means of the supplementary affidavit. He is languishing in jail since 25th May, 2017 (nearly eleven months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Gayas Mirza involved in Case Crime No. 471 of 2017, under Sections 302, 307, 452, 504, 506, 34, 120B of the Indian Penal Code and Criminal Law Amendment Act, Police Station Nazibabad, District Bijnor 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-