Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15777 of 2021 Applicant :- Mehboob Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Mehboob in connection with Case Crime No. 372 of 2019, under Section 307, IPC, Police Station Hapur Nagar, District Hapur.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that it is a case where in an exchange of fire with a police party, no one was injured. It is submitted that the applicant was not arrested from the spot. One Hafiz @ Happy, who was arrested is claimed to have disclosed the applicant's name while in police custody and on that basis, the applicant has been implicated in the crime. It is asserted in paragraph No.8 of the affidavit that there is no incriminating recovery from the applicant. It is also submitted that co-accused Hafiz @ Happy, who was arrested on the spot has been admitted to bail by the learned Additional Sessions Judge, F.T.C.-I, Hapur, vide order dated 22.07.2019, passed in Bail Application No.776 of 2019. The applicant is said to have a criminal history of one case, which is explained in paragraph No.11 of the affidavit.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant has not been arrested from the spot, the fact that it is a case of exchange of fire with a police party with no injury, the fact that there is no recovery from the applicant, the fact that co-accused Hafiz @ Happy, who was apprehended on the spot, has been admitted to bail, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Mehboob in connection with Case Crime No. 372 of 2019, under Section 307, IPC, Police Station Hapur Nagar, District Hapur, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 8.4.2021 NSC