Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41122 of 2018 Applicant :- Jareer @ Zakir @ Zakil Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Om Prakash Katiyar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant and the complainant are real brother. The incident was neither preplanned nor premeditated but was a result of sudden fight. Injuries sustained by the injured are simple in nature. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 2.9.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Jareer @ Zakir be released on bail in Case Crime No. 220 of 2018, under Sections 308, 323 and 504 I.P.C., P.S. Thathia, district-Kannauj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail 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 :- 27.10.2018 Faridul