Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10927 of 2018 Applicant :- Md. Arif Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri P.K. Mishra and Sri Manoj Kumar Shukla, Advocate on behalf of complainant are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against unknown person, alleging that on 17.1.2018 some persons were doing illegal mining and assaulted complainant Ravindra Sharma (lekhpal) and tried to crush him by Scorpio, subsequently the name of the applicant and other accused persons namely Abdul Malik, Akram were disclosed by the injured and stated Arif and Malik shot fire at him but he escaped himself.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offence under Section 307 IPC is not made out against the applicant. No firearm injury was found on the body of the injured. It is a case of no injury. He is languishing in jail since 1.2.2018 (more than one and half month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Abdul Malik has been granted bail by this Court on 20.3.2018 vide Criminal Misc. Bail Application No. 10337 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Md. Arif involved in Case Crime No. 44 of 2018, under Sections 323, 506, 332, 336, 353, 307 IPC and 3/21 Mines Act, 1952, Police Station Swar, District Rampur be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.3.2018 A. Singh