Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21441 of 2019 Applicant :- Mahboob Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava,Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Sunil Kumar Dubey, counsel for the informant and learned A.G.A. for the State and perused the record.
The submission is that there is prior enmity and a criminal case is pending between the parties. This implication is by way of pressurizing tactics and the evidence of injury on the head has not been brought on record nor the counsel for the other side is in a position to state whether the supplementary medical report regarding the head injury of the victim is there or not. The applicant is in jail since 24.12. 2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Mahboob, be released on bail in Case Crime No. 1616 of 2018, under Sections- 308, 504 and 506 I.P.C., Police Station- Vijay Nagar, District- Ghaziabad, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.5.2019 Rohit