Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38034 of 2018 Applicant :- Mohd Faizi Zafari @ Faizi Parvez Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Dinesh Mishra
Hon'ble Rajul Bhargava,J.
Heard Ms. Pratibha Singh, Sri Ashok Kumar Singh, learned counsel for the applicant, Sri Dinesh Mishra, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Mohd Faizi Zafari @ Faizi Parvez in Case Crime No. 20 of 2017, under Sections 302/34, 201/34, 404/34 I.P.C., Police Station- Puramufti, District- Kaushambi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is neither named in the first information report nor his name appeared during investigation, thus, he was not charge-sheeted. However, the prosecution witnesses have modulated their version and some of the witnesses examined during trial have stated that the applicant had also participated in the instant crime. Therefore, the applicant has been summoned to face trial under Section 319 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 22.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Mohd Faizi Zafari @ Faizi Parvez be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 Vikas