Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23800 of 2018 Applicant :- Kamil Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Faisal Khan,Rajiv Sisodia Counsel for Opposite Party :- G.A.,Manoj Kumar Dhuriya,Tabish Sheikh
Hon'ble Mrs. Manju Rani Chauhan,J.
Earlier vide order dated 12.04.2019 learned counsel for the applicant was directed to inform the learned counsel for the informant in writing that the matter is fixed for 19.04.2019 at top of the list and shall be taken up in the first call and the same shall not be adjourned.
The notice regarding the order dated 12.04.2019 was served on 18.04.2019. Today also notice dated 26.04.2019 has been served on the counsel for the informant, still he is not present.
Heard Sri Mohd. Faisal Khan, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Kamil with a prayer to enlarge him on bail in Case Crime No.303 of 2017, under Section 302 I.P.C., Police Station Kakrauli, District Muzaffar Nagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that the applicant is not named in the FIR and his name surfaced during investigation. It is next argued that co-accused Usman and Faisal, having identical role, have been granted bail by this Court vide orders dated 13.12.2018 and 09.01.2019 passed in Crl. Misc. Bail Application Nos.47543 of 2018 and 1152 of 2019 respectively. Accordingly, the applicant is also entitled for bail on the ground of parity. It is argued that criminal history of the applicant is explained in para no.4 of the supplementary affidavit. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 29.11.2017. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.4.2019 Anand Sri./-