Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46570 of 2017 Applicant :- Haji Rashid Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.,Rajat Agarwal,Sudhir Kumar Agarwal
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Arif, Daud, Mohd Ali, Hazi Rashid, Mohd Turab, Mohd Alam, Ansar and 3-4 unknown persons alleging that on 20.09.2017 they made indiscriminate firing and Rashid, Rizwan, Naim and Askar have received firearm injury of pellet.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is cross case crime no. 0610 of 2017; the co-accused Mohd Turab and Mohd Arif have already been enlarged on bail by Co-ordinate Bench of this Court and by this Court vide order dated 21.12.2017 & 05.02.2018 passed in Criminal Misc. Bail Application No.47957 of 2017 & 548 of 2018, copy of which has been taken on record; the role of the applicant is identical to that of the co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the criminal history of three cases against the applicant have been explained; there is no independent witness against this accused which may show participation of the applicant in the alleged crime; general role has been assigned against all the accused persons; the applicant is in jail since 23.09.2017(near about four months) in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant submitted that the applicant is a Bhu Mafia; four injuries have been received by the injured i.e. on vital part of their body; this is not the cross case, the incident took place in front of the house of the complainant.
Learned A.G.A. opposed the prayer for bail and admitted that the criminal history of three cases against the applicant have been explained, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Haji Rashid involved in the Case Crime No. 611 of 2017, under Sections 147, 148, 149, 307, 504, 506 I.P.C., P.S. Nakhasa, District- Moradabad be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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.
Order Date :- 22.2.2018 A. Tripathi