Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25058 of 2018 Applicant :- Irfan Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh Khokher,Manoj Kumar Yadav Counsel for Opposite Party :- G.A.,Aditya Prasad Mishra
Hon'ble Rajiv Gupta,J.
Counter affidavit has been filed by learned AGA today, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Irfan seeks bail in Case Crime No. 427 of 2018, under Sections 323, 504, 506, 447, 354B, 307 IPC, P.S. Lisari Gate, District- Meerut.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
It has been further submitted that as per allegation made in the FIR the applicant along with one Imran is said to be assaulted the victim due to which Shahnaz Malik sustained injuries. As per the statement of the victim the applicant is said to have been assaulted by a sharp edged weapon due to which he sustained injuries on her chest and left arm which were advised for X-ray. In X-ray report no abnormality has been detected. Lastly, it is submitted that applicant is in jail since 27.04.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph 4 of the supplementary affidavit. Police report has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid fact and the fact that applicant is in jail since 27.04.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Irfan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 Ujjawal