Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3838 of 2019 Applicant :- Jahid @ Kale And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants submits that the FIR of the alleged incident was lodged on the basis of an application under section 156 (3) Cr.P.C. The said application was moved after one month and one day from the date of the alleged incident and on the basis of that application the F.I.R was lodged on 8.7.2018. In the first information report general allegation has been made against the applicants and two other co -accused. In the statement of witness Asik Ali it has come that the co- accused Abid threw acid upon the injured. It has been further submitted that the applicants have been falsely implicated in this case and they have not committed the alleged offence. The injuries of injured are simple in nature. The co-accused Saddam having identical role has already been released on bail by another bench of this court vide order dated 25.1.2019 in Cr. Misc. Bail Application No. 3693 of 2019, therefore, applicants are also entitled for bail on the ground of parity. There is no criminal history of the applicants and are in jail since 4.1.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co accused Saddam having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicants Jahid @ Kale and Arman involved in Case Crime No.434 of 2018, under Section 326-A IPC Police Station Govind Nagar District Mathura be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 29.1.2019 Gss