Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48838 of 2018 Applicant :- Haji Sharafat Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Haji Sharafat seeks bail in Case Crime No. 366 of 2018, under Sections 147, 148,149, 307, 353, 332, 323, 504, 506, 336, 153-A, 505(3), 427 IPC and 7 Criminal Law Amendment Act, P.S. Bithri Chainpur, District- Bareilly.
Learned counsel for the applicant has submitted that even according to the prosecution own case, 21 named and 300- 400 persons are said to be involved in the present case on the allegation that they had opened fire upon police personnel. Learned counsel for the applicant has next submitted that the crowd also resorted to pelting stones, due to which some police personnels have received injuries. Learned counsel for the applicant has next submitted that applicant is not named in the first information report nor any specific role has been assigned to him and during the investigation, his name had surfaced. Lastly, it is submitted that applicant is in jail since 23.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no previous criminal history to his credit. Apart from this, he has been falsely implicated on the same date in two other cases.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is not named in the first information report and no specific role of pelting stone has been assigned to the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Haji Sharafat be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 19.12.2018 R