Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7927 of 2018 Applicant :- Mejar Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against six accused persons including the applicant, namely, Nadeem, Waseem, Maroof, Nizam, Majer and Shoeb alleging that on 02.12.2017 they assaulted the injured Iskar by firearm and lathi-danda and he has received injury.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; specific role of firing has been assigned to the co-accused Nadeem; general role has been assigned against all the accused persons except one; there is cross case crime no. 0443 of 2017 persons of both side have received injuries; at this stage is not possible to decide who is aggressor; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 17.01.2018 (more than one months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Mejar involved in the Case Crime No. 444 of 2017, under Sections 323, 307, 504, 506 I.P.C., P.S. Simbhawali, District Hapur be released on bail on his executing a 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.2.2018 A. Tripathi