Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41003 of 2018 Applicant :- Hamid Ali @ Kalwa Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case one Crime No. 314 of 1990, under Sections 147, 148, 149, 302 I.P.C. has been disappeared with the conspiracy Brahmanand Sharma, Furkan, Ausaf, Javid, Fariyad, Arif, Wahid and Jahid because to get acquitted with facing trial.
Learned counsel for the applicant submitted that co-accused- Furkan, Jahid, Arif and Javed and Fariyad have been enlarged on bail by co-coordinate Bench of this Court vide orders dated 18.6.2018, 10.8.2018 and 30.8.2018 in Criminal Misc. Bail Application Nos. 22279 of 2018, 8918 of 2018 and 5354 of 2018 and the case of the present applicant is identical to case of the co-accused, who has been enlarged on bail; hence the applicant is also entitled for the same benefit; the applicant is languishing in jail since 20.9.2018 (more than one month); having one case of criminal history; the applicant is innocent and has been falsely implicated in the present case; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted the case of the applicant is identical to co-accused- who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Hamid Ali @ Kalwa involved in Case Crime No. 1059 of 2017, under Sections 409, 120-B I.P.C., P.S.-Hapur Nagar, District-Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant 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 him 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 :- 27.10.2018 OP