Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10417 of 2018 Applicant :- Irfan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Mangal Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard 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 14 accused persons including the applicant, alleging that on 29.12.2017 they made firing on Police personnel but they saved themselves; some of the accused persons (including the applicant) were arrested by the Police and other accused were fled away; recovery of some illegal firearm, Buffalo and cartridges were made from their possession.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; this is Police firing case but no injury was found on the body of any of the Police personnel; there is no independent witness against the applicant; the co-accused Tajuddin @ Raju has already been enlarged on bail by this Court vide order dated 27.2.2018 passed in Criminal Misc. Bail Application No.7854 of 2018; copy of which has been taken on record; the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; 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 29.12.2017 (more than three months); the criminal history of two cases against the applicant have been explained in the supplementary affidavit filed today.
Learned A.G.A. opposed the prayer for bail and admitted that the criminal history of two cases against the applicant have been explained, the role of this accused is identical to the role of co-accused who have already been enlarged on bail.
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 Irfan involved in the Case Crime No.547 of 2017, under sections 147, 148, 149, 307, 382, 504, 506, 411, 413 I.P.C.,Police Station Patiyali, District Kasganj 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 :- 30.3.2018 Su