Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35070 of 2021 Applicant :- Gulfam Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Mohammad Belal
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Syed Shahnawaz Shah, learned counsel for the applicant; Sri Ankit Srivastava, learned AGA for the State as well as Sri Noor Mohammad, Advocate, holding brief of learned counsel for informant.
2. The instant bail application has been filed on behalf of the applicant - Gulfam with a prayer to release him on bail in Case Crime No. - 276 of 2021, under Sections - 323, 325, 304, 504 and 506 IPC, Police Station - Garh Mukteshwar, District - Hapur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 16.5.2021, the applicant is in confinement since 13.6.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for the purpose of grant of bail, it has been submitted by learned counsel for the applicant, certain quarrel had erupted between the Nafees and the deceased Shahrukh. The applicant has been falsely implicated owing to his relationship with Nafees. Then, referring to the injury report, it has been submitted, injuries were simple in nature and, in any case, non fatal. Twenty six days after the occurrence, the deceased died. In that context, it has been further submitted, general role assignment has been made. No recoveries have been made and no other credible material exists as to the applicant being the author of the fatal injury.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Prakhar