Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48729 of 2018 Applicant :- Irfan Opposite Party :- State Of U.P.
Counsel for Applicant :- Alka Pandey,Vinod Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 1858 of 2018, under Sections 304, 338 IPC IPC, P.S. Sihani Gate, District- Ghaziabad, is seeking enlargement on bail during the trial.
As per prosecution case, the FIR was lodged by the informant Sonu on 17.9.2018 at 00.49 o'clock regarding occurrence dated 16.9.2018 at 01.00 o'clock at P.S. Sihani Gate, District Ghaziabad against the builders Vivek Goyal, Manoj Goyal and Irfan (applicant) alleging that the applicant took away the deceased Harun, Irshad and Firoz with him at MGI Gharaunda Society KW-Delhi-6 for cutting the angle but they refused to do so, on which accused persons taking their responsibility forced them to cut the angle. At the time of cutting the angle, the wall fell down upon there, in which, Harun died while Irshad and Firoz have received injuries.
It is submitted by learned counsel for the applicant that the applicant is neither builder nor contractor. He runs the shop of manufacturing the iron gate and windows etc. Co- accused Vivek Goyal and Manoj Goyal are the builders. He further submitted that the applicant has not committed any offence as mentioned in the FIR. He next submitted that applicant has no criminal history and has been falsely implicated in this case merely because he runs the shop of manufacturing the iron gate and window etc. The applicant is in jail since 18.9.2018.
Learned A.G.A vehemently opposed the prayer for bail but could not dispute this fact that the applicant is a fabricator and runs his shop for manufacturing the iron gate and windows etc and his case is distinguishable from that of co-accused Vivek Goyal and Manoj Goyal who are builders.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Irfan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2018
AK Pandey