Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9795 of 2019 Applicant :- Ikram Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Rajesh Kumar Sharma, learned counsel for applicant; and, Sri Vinay Saran, learned counsel for complainant and learned A.G.A. appearing for State.
2. This second bail application has been moved on behalf of accused-applicant for enlarging him on bail in Case Crime No. 612 of 2014, under Sections 302, 307, 452, 506 I.P.C., Police Station Kotwali, District Ghaziabad. First bail application of applicant was dismissed by this Court vide order dated 29.01.2019.
3. A bare perusal of FIR shows that applicant and some other persons had barged into the house of complainant causing indiscriminate firing and as a result whereof, brothers of complainant, namely, Nishar, Noshad and Javed were sustained serious injuries. It has been informed to this Court that trial has substantially proceeded. Applicant is in jail since 17.11.2014. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperative with trial.
4. On the contrary, Sri Vinay Saran, learned counsel for complainant and learned A.G.A. for State. have vehemently opposed the bail prayer of applicant.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Ikram, involved in Case Crime No. 612 of 2014, under Sections 302, 307, 452, 506 I.P.C., Police Station Kotwali, District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The application will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before Trial Court on the date fixed and cooperate with trial for concluding the same.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of reach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 29.4.2019 Siddhant Sahu