Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41687 of 2018 Applicant :- Hasnain Alias Hasan And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Kailash Pati Singh Yadav,Sheo Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. Similarly circumstanced co-accused Daljeet, Mavesh Ahmad vide order dated 25.07.2018, in Criminal Misc. Bail Application No.27702 of 2018, Noor Ali @ Noor Alam, Mohd. Noman, Jabaid and Vahab @ Vahabuddin vide order dated 31.07.2018 in Criminal Misc. Bail Application No.28601 of 2018, Mohd. Imran and Parvez Ahmad vide order dated 18.09.2018 in Criminal Misc. Bail Application No.35255 of 2018 have been admitted to bail by this Court. Copies of the bail orders have been annexed as annexure no.12 to the affidavit filed in support of this bail application. The applicants do not bear any criminal history and is languishing in jail since 05.10.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants Hasnain @ Hasan and Tajuddin @ Chhotaku involved in Case Crime No.105 of 2017, under Sections 147, 148, 149, 323, 504, 506, 427, 436 I.P.C., Police Station Khakhreru, District Fatehpur 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.10.2018 rkg