Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29545 of 2021 Applicant :- Layak Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Bhaskar Singh,Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. FIR was lodged against co-accused Phool Miyan and 24 other persons as well as 20-25 persons that they have fired at the police party and they that also snatched some weapons. It has been submitted that only general allegations have been levelled against applicant and that no specific role has been assigned to applciant. Applicant has not caused any injury to any one and that main allegations are against co-accused Phool Miyan. It has been further submitted that similarly placed co- accused persons, namely, Phool Miyan, Hashrat Ali, Bilal and Mohd. Noor have already been enlarged on bail by different Benches of this Court, the copies of which have been annexed as Annexure RA-1 to the rejoinder affidavit. Criminal history shown against applicant has duly been explained in the affidavit of bail application. It has been submitted that the applicant is languishing in jail since 26.03.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Phool Miyan, Hashrat Ali, Bilal and Mohd. Noor have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Layak Ali involved in Case Crime No. 326 of 2020, under Sections 395, 397, 307, 332, 353, 336, 504, 427, 412, 34, IPC and 7 Criminal Law Amendment Act, Police Station Alapur, District Budaun, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: ...
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 Neeraj