Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43025 of 2021 Applicant :- Gulam Nabi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rafiuddin Ansari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. FIR was lodged against eight accused persons including applicants and that only general role of assault has been assigned to all the accused persons. No specific role has been assigned to applicants. It is further submitted that a case was registered from side of applicants vide crime no.141 of 2020, under Sections 147, 148, 149, 323, 324, 504, 506 and 307 IPC against informant's party and thereafter present case was registered as a cross case. In the incident, both sides have sustained injuries. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has been further submitted that similarly placed co- accused Faizan has already been enlarged on bail by a co- ordinate Bench of this Court, vide order dated 24.9.2020, passed in Criminal Misc. Bail Application No.-27227 of 2020.
It has been submitted that the applicant is languishing in jail since 03.09.2021 having no criminal history and that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Faizan has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail.
The bail application is allowed.
Let the applicants Gulam Nabi and Shadab involved in Case Crime No. 142 of 2020, under Sections 147, 148, 149, 323, 324, 325, 504, 506, 308 and 336/34 IPC, Police Station Sherkot, District Bijnor, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/ intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicants in accordance with law.
Order Date :- 27.10.2021 Neeraj