Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47676 of 2017 Applicant :- Iqbal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pushpendra Singh,Wahid Jamal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Pushpendra Singh, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against three persons namely Vikram, Guddu, Babu and unknown person, alleging that on 06.08.2012 they looted the cash from the complainant in a mall and shot fire on the police personnel. Vikram and Guddu was arrested by the police on spot and Babu fled away from the place of occurrence. Subsequently during investigation on the statement of co-accused namely Vikram and Guddu, the name of the applicant was disclosed, alleging that he was also indulged in this crime.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 25.03.2017 (more than one year). The criminal history of the applicant has been explained in the affidavit. There is no evidence against the applicant except the confessional statement of co-accused namely Vikram and Guddu before the police personnel. He was neither arrested by police nor any recovery was made from this accused. No identification parade was done to identify this accused namely Iqbal.
Learned A.G.A. opposed the prayer for bail and submitted that there is criminal history against this accused person.
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 applicant Iqbal involved in the Case Crime No.504 of 2012, under Sections 394, 307, 412, I.P.C., Police Station Sector-39, District Gautam Buddha Nagar, be released on bail on his 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 29.3.2018 VKG