Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11441 of 2021 Applicant :- Irfan Opposite Party :- State of U.P.
Counsel for Applicant :- Shibli Naseem Counsel for Opposite Party :- G.A.,Ashish Kumar Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was stated that in the FIR as well as in the statement of witnesses, the role of stabbing the deceased has been attributed to co-accused Taiyab and it was alleged that applicant and co- accused Islam and Seth have caught the deceased. The mere role assigned to applicant, co-accused Islam and Seth is of catching hold of the deceased. It has been further submitted that similarly placed co-accused Seth has already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 06.08.2021, passed in Criminal Misc. Bail Application No.- 11066 of 2021. It has been submitted that the applicant is languishing in jail since 02.05.2020 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in FIR and he has been assigned the role of catching hold the deceased. However, it has not been disputed that similarly placed co-accused Seth has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Irfan involved in Case Crime No.272 of 2020, under Sections 302 and 504 IPC, P.S.Masoorie, District Ghaziabad, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 Neeraj