Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20483 of 2019 Applicant :- Mohd. Aamir @ Vikkey Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar,Rahul Gaur,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Ms. Swati Agarwal Srivastava, learned counsel for the applicant, learned counsel appearing for the informant, learned A.G.A for the State and perused the record. This is the third bail application.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. The applicant is in jail since 19.4.2014, thus he is in jail for about 7 years. Although first and second bail applications of the applicant were decided on merits, yet there is no chance for conclusion of the trial in near future. It is also argued that minimum sentence provided for the offence under Section 304- B IPC is of seven years. Referring to the date of languishment in jail, prayer for bail is made. Learned counsel appearing for the applicant has referred to the order-sheet of trial court annexed with the supplementary affidavit and further argued that applicant has no criminal history to his credit.
Learned A.G.A. as well as counsel for the informant argued that first and second bail applications of the applicant were decided on merits. No new ground has arisen to consider the third bail application. Thus prayer for rejection of bail is made.
I have considered the submissions made by learned counsel for the parties and have gone through the entire record.
Having regard to the entire facts and circumstances of the case and considering the fact that minimum sentence provided for the offence under Section 304-B IPC is of seven years, the applicant is in jail since 19.4.2014 hence taking into account the period of detention of the applicant in jail and also the fact that only three prosecution witnesses have been examined till today, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mohd. Aamir @ Vikkey involved in Case Crime No. 87 of 2015, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Dhoomanganj, District - Allahabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Shafique