Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24832 of 2019 Applicant :- Mohd Altamash Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1 of 2019, under Sections 323, 307 I.P.C., Police Station Kareli, District Allahabad Prayagraj.
Learned counsel for the applicant submits that according to prosecution, on 01.01.2019 Injamamul Haq along with his elder brother Ikramul Haq was going to the shop by motorcycle near Noori Maszid, four boys were present there. As soon as, informant's son reached there, three boys started beating his son and fourth one fired by country made pistol, by which, his son was injured. It is next contended that informant's son was identified one boy as Mohd Salahuddin. According to the medical report, injuries were found on the body of informant's son. No identification parade has been conducted by the applicant. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 24.04.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Mohd Altamash involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.6.2019 Sanjeet