Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7663 of 2018 Applicant :- Gufran Opposite Party :- State Of U.P.
Counsel for Applicant :- Irshad Husain,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri S. Ahmad Faizan, learned counsel is present and has filed vakalatnama on behalf of the complainant, the same is taken on record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 549 of 2017 under Sections 302, 504, 506 I.P.C., Police Station Nawabganj, District Allahabad, during the pendency of trial.
As per FIR, the prosecution's case is that on 7.11.2007 at about 1:30 pm, at the exhortation of the present accused-applicant, co- accused Maqsood and Yaseen fired upon the Imtiyaj Ahmad @ Sonu (deceased) as a result of which, he died.
Learned counsel for the applicant contends that in the FIR, role of only exhortation has been assigned to the present accused. Accused-applicant has been falsely implicated due to enmity. Applicant has no previous criminal history. The applicant is languishing in jail since 20.11.2017. If he is released on bail, he would not misuse the liberty.
Learned counsel for the complainant has opposed the prayer of bail and has contended that due to enmity the present accused- applicant had got the deceased killed.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
Looking to the fact that the role of the present accused- applicant in the commission of the offence is that of only exhortation and not of actually firing upon the deceased and that he has no criminal history, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Gufran 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 :- 28.2.2018 A.P. Pandey