Court No. - 55
Case:CRIMINAL MISC. BAIL APPLICATION No.27274 of 2018 Applicant :- Islam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Tripathi,Hemendra Pratap Singh,Ishwar Chandra Tyagi,Sanjay Pathak Counsel for Opposite Party :- G.A.,Satish Solanki
Hon'ble Vikram Nath,J.
Case has been taken up even in the revised call. No one has appeared on behalf of the informant. Although, the name of Sri Satish Solanki, Advocate is printed in the list from the side of the opposite party.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri G.P. Singh, learned AGA for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 30.03.2018 and has no previous criminal history, which fact is not disputed by learned AGA. It is next submitted that the applicant has been falsely implicated on account of financial dispute with the informant's side. It is also submitted that along with supplementary affidavit, the applicant has filed the documents to show that there were still financial transaction going on between the applicant and the informant's side even after the date of incident, which itself belies the prosecution story.
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- Islam s/o Shahbuddin, be released on bail in Case Crime No. 04 of 2018, u/s 147, 148, 149, 307 IPC, PS- Quarsi, distt- Aligarh, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 :- 30.5.2019 P Kesari [Vikram Nath, J.]