Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8707 of 2019 Applicant :- Mohd. Gulsher And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants, Mohd. Gulsher and Tajju alias Sagir seeking bail in Case Crime No. 25 of 2019, under Sections 147, 148, 149, 323, 504, 506, 307, 353, 327, 427, 336, 186 IPC and section 7 of Criminal Law Amendment Act P.S. Kotwali, District Etawah.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that similarly placed co-accused, Naeem, Khalil Ullah, Kunain, Karnain, Saqlain, Mustkim and Bhura alias Furkan have already been granted bail by this Court, in Criminal Misc. Bail Application Nos. 6475 of 2019 and 7237 of 2019 vide orders dated 14.2.2019 and 25.2.2019 respectively.
It is lastly submitted that the applicants are in jail since 25.1.2019 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial. The criminal history of the applicant no. 1 has been explained in paragraph 5 of the supplementary affidavit in which the applicant is on bail.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants, Mohd. Gulsher and Tajju alias Sagir be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable heavy sureties (one family member) of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 27.2.2019 R