Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7688 of 2018 Applicant :- Hisar Mohammad And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shabbir,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case F.I.R. was lodged by the informant against sixteen accused persons including the applicants alleging that on 19.10.2017 Ikrar, Irfan, Khushi Mohammad, Vaseem Mohammad and Kamaruddin armed with fire arm and other accused persons armed with lathi-danda and sward, they entered into the house of the complainant and indiscriminate firing is said to have shot at the injured namely, Islamuddin, Ajimuddin, Rijban, Farjana who have received firearm injury.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is no independent witness. Offence under Section 307 IPC is not made out against the applicants. Injuries received by the injured are not caused by lathi-danda. Applicants were assigned the role of assault with lathi-danda. Injuries are not dangerous to life. They are languishing in jail since 20.10.2017 (more than four months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Co- accused namely Nisar Mohammad and Faimuddin have already been granted bail by this Court on 5.2.2018 vide Criminal Misc. Bail Application No. 4061 of 2018; since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Hisar Mohammad, Zeeshan, Ahsan @ Mohammad Ahsan and Shamshuddin involved in Case Crime No. 506 of 2017, under Sections 147, 148, 149, 452, 307, 323, 506, 427 IPC, P.S. Fatehganj West, District Bareilly 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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