Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45432 of 2018 Applicant :- Minhaz And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Mohd. Adil has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicants, learned AGA for the State and Sri Mohd. Adil, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicants Minhaz and Saddam seeking bail in Case Crime No. 335 of 2018, under Sections 147, 148, 149, 323, 504, 506, 352, 307, 308 IPC, Police Station Rampur Karkhana, District Deoria.
Learned counsel for the applicants has submitted that even according to the prosecution own case the role of assaulting the victims, namely, Haider Ali, Tabaraq and Mannan has been assigned to Roshan, Ashfaq and Matiullah and the applicants are not assigned the role of causing any injury to the victim.
Learned counsel for the applicants has further submitted that the applicants have no criminal history to their credit and they are in jail since 05.11.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA and Sri Mohd. Adil learned counsel for the first informant have opposed the prayer for bail but could not dispute the fact that the applicants have not caused any injury to the victims and the fact that they are in jail since 05.11.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Minhaz and Saddam be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 Ashok Gupta