Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20386 of 2018 Applicant :- Mohammad Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Rafeek Ahmad Khan 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 on 25.12.2017, against six accused namely, Navajish, Baheed, Imran, Pappu, Sonu, Sharafat, alleging that on 19.12.2017 they assaulted to Nawab by stick (lathi) and stump (danda), subsequently after six days on 25.12.2017 he died.
Learned counsel for the applicant submitted that the co-accused namely Pappu @ Mohamad Hafiz and Vaheed have been granted bail by this Court on 18.05.2018 & 25.05.2018 passed in Criminal Misc. Bail Application No. 18683 of 2018 & 19699 of 2018; the role of the applicant is identical to that of co- accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant has been falsely implicated in the present case; the applicant is an innocent person; general role has been assigned against all accused persons; there is no independent witness; no offence is made out under Section 304 I.P.C. against this accused; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.02.2018 (near about three months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that the role of this accused is identical to the role of the accused who have already been enlarged on bail and he has not received the 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 Mohammad Imran involved in the Case Crime No. 365 of 2017, under Sections 147, 148, 149, 304, 452, 323, 325 I.P.C., P.S. Panwari, District Mahoba 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 :- 29.5.2018 S.K.