Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46486 of 2017 Applicant :- Hasim Alias Hathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Shri V.P. Srivastava Counsel for Opposite Party :- G.A.,Rajiv Sisodia
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Yunus @ Kala, Naushad, Hasim @ Hathi, Shaukeen and Shabir alleging that on 2.9.2016 at 17 hours they shot fire indiscriminately at Zakir. He received thirteen gunshot injuries and resultantly died.
Learned counsel for the applicant submitted that co-accused Naushad has been enlarged on bail by co-ordinate Bench of this Court vide order dated 1.5.2018 in Criminal Misc. Bail Application No. 10717 of 2018 and the case of the applicant is identical to the case of co-accused, who has been enlarged on bail hence the applicant is also entitled to bail on the ground of parity; The applicant has been languishing in jail since 12.7.2016 (more than two years and six months). Criminal history of one case has been explained. He further submitted that this incident is of 2.9.2016 and accused was in jail with effect from 31.8.2016 to 23.9.2016 in District Jail, Muzafar Nagar and on this point Superintendent of District Jail, Muzaffar Nagar was summoned vide order dated 22.3.2018 and on 11.4.2018 Sri Arun Kumar Saxena, Superintendent, District Jail, Muzaffar Nagar filed an affidavit and admitted therein that this accused Hasim Alias Hathi was in jail from 31.8.2016 to 23.9.2016. Hence he has been falsely implicated in this case. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Learned counsel for the applicant further submitted that there is no possibility to get this decided in near future.
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. He admitted that charge sheet has been submitted under Section 120-B IPC.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Hasim Alias Hathi involved in Case Crime No.1404 of 2016, under Section 147, 148, 149, 302 IPC, Police Station Sahibaba, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 :- 30.1.2019 OP