Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36281 of 2018 Applicant :- Mohd. Asif And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Raj Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants, Mohd. Asif and Maqbool with a prayer to release them on bail in Case Crime No. 200 of 2018, under Sections 147, 148, 323, 342, 394, 411, 504, 506 IPC and Section 7 of Criminal Law (Amendment) Act, Police Station Lohta, District- Varanasi, during pendency of trial.
This first information report is part of the first information report alleged in Case Crime No. 199 of 2018 wherein the applicants have been enlarged on bail by this Court. It has been argued that the applicants have been implicated in this case on account of ulterior motives, when the first information report was earlier lodged and registered as Case Crime No. 199 of 2018. One co-accused, Ali Hussain, has already been enlarged on bail in this case by the court below. The applicants have no prior criminal history. The applicants have been implicated in the above noted case. The applicants are languishing in jail since 26.7.2018. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicants Mohd. Asif and Maqbool involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.9.2018 Ruchi Agrahari