Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20091 of 2018 Applicant :- Mahboob Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A.,Sushil Kumar Pal
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged.
Heard Sri Vikas Singh, learned counsel for the applicant, Si S.K.Pal, learned counsel for the complainant and Sri R.K.Singh learned A.G.A. appearing for the State.
According to the prosecution version FIR was lodged by the complainant against three named accused including the applicant and one unknown person alleging that when his cousin brother alongwith his grand daughter aged about 4 years was going to his village by motorcycle, suddenly the accused persons riding on motorcycle came there. On the exhortation of other assailants accused Shakeel and Mahboob fired shot upon the injured and thereafter all the accused managed to flee away from the spot.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and he has committed no offence. It is next contended that the FIR is unduly delayed.General role of firing is assigned to all the accused and the authors of the injuries received by the injured are not known. The applicant has not opened fire upon the injured. The injured is a hardened criminal having so many criminal history. Nothing incriminating article has been recovered from the possession of the applicant and there is no eye witness of the alleged incident. The applicant has inimical terms with the complainant. Co-accused Afsar has been released on bail by this Court on 29.5.2018, copy of which is annexed as annexure-1 to the rejoinder affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.4.2018.The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Mahboob involved in Case Crime No. 102 of 2018, under Sections 307, 504 and 506 I.P.C., P.S. Bindki, District- Fatehpur be released on bail 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.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date: 30.7.2018 IA