Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1638 of 2019 Applicant :- Gulfam Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamsuddin Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Kapil Kumar, Advocate on behalf of first informant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R., first informant and his associates were member of Band party and accused-persons were member of Dhol party and during dispute over distribution of money received in marriage ceremony, upon exhortation by co-accused Deepak and catching hold of hands of Abrar by applicant and Neeraj, Sajid fired at Abrar, resulting in his death; that it is wrong to say that applicant caught hands of deceased during incident of firing by co-accused Sajid; that co-accused Deepak Kumar, who was assigned with the role of exhortation, has been granted bail by this Court vide order dated 13.12.2018 passed in Criminal Misc. Bail Application No.43936 of 2018, copy at Annexure No.5; that applicant has no criminal history; that case of applicant is distinguishable from Sajid; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 10.2.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that applicant actively participated in the incident in question and had he not caught hold of hands of deceased, he could have escaped from gun shot injury.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Gulfam be released on bail in Case Crime No.299 of 2018, S.T. No.427 of 2018, under Sections 302, 504,34 IPC, P.S. Indirapuram, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.1.2019 Tamang