Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23419 of 2019 Applicant :- Javed Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shabbir,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Javed, has prayed to release him on bail in Case Crime No. 280 of 2019, under sections 147, 148, 149, 307, 336, 504, 506 IPC and 7 Criminal Law Amendment Act, P.S. Baradari, District Bareilly.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this very case crime number of which cross version and cross FIR under Sections 147, 148, 149, 504, 506, 153-B, 295-A, 298, 307, 308, 323 and 120-B IPC as Case Crime No.425 of 2019 against present informant and eight other named accused persons; both side have sustained injuries which are simple in nature; they were with alcoholic smell at the time of medical examination; the applicant is no criminal antecedent. It is lastly contended that there is no likelihood of early disposal of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial. The applicant is in jail since 23.03.2019.
Learned AGA has opposed the bail application with this contention that accused applicant was assigned role of giving fire arm shot in the FIR.
Having heard learned counsel for the parties and having perused the record, it is apparent that place of occurrence, date of occurrence and manner of occurrence in both of above cases are of one concurrence; both sides have sustained injuries in this cross case and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail.
Let the applicant, Javed, involved in above mentioned Case Crime number, be released on bail on his executing personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidences.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below shall be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Meenu