Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7571 of 2018 Applicant :- Haseena And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Singh Chauhan,Neelam Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Nabbo, Islam, Taitti, Smt. Haseena and Mangi alleging that on 26.08.2017 at about 7:20 p.m. they assaulted the injured Ninwa and he has received head injury and fracture was found; other injuries of the injured are simple in nature.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; the applicants have assigned general role; the injuries received by the injured are simple in nature; the co- accused Mangi, Nabbo and Taitti have already been enlarged on bail by this Court vide order dated 28.11.2017, 12.1.2018 passed in Criminal Misc. Bail Application Nos. 43804 of 2017 and 48513 of 2017, copy of which has been taken on record; the role of the applicants are identical to that of the co-accused who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity; there is no independent witness against these accused which may show participation in the alleged crime; the applicants are in jail since 15.1.2018 (more than one month) having no criminal history; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against these accused, the role of these accused are 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 applicants Haseena and Islam involved in the Case Crime No.514 of 2017, under Sections 147, 148, 149, 307, 323, 325, 504 I.P.C., P.S.
Shahganj, District Agra be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 27.2.2018 A. Singh