Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48221 of 2018 Applicant :- Mohd. Haneef Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The supplementary affidavit filed by the learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and the learned AGA for the State and perused the entire available record.
Learned counsel for the applicant has argued that the applicant has not been named in the FIR and he has been falsely implicated in this case merely on the basis of suspicion, that there is no eye witness of the alleged incident, that nothing has been recovered from the applicant, that the only evidence against the applicant is that co-accused has made an extra judicial confession, which is not reliable, that even as per prosecution role of the applicant was shown in the preparation of the bomb but there is no evidence that the applicant was involved in preparation of any bomb and that the applicant has been falsely implicated in this case. It was further argued that co-accused Santosh Kumar Sharma has been granted bail and role of the applicant cannot be said more grievous than him.
Learned AGA has opposed the prayer for bail.
The applicant is not named in the FIR. It appears that role of the applicant was shown in preparation of the bomb, which was allegedly used in the incident. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity and punishment, as well as totality of facts and circumstances, and also taking into account that the co-accused Santosh Kumar Sharma has already been granted bail, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Mohd. Haneef be released on bail in Case Crime No. 468 of 2018, under Section 34, 120 B, 302 IPC Police Station Meja, District- Allahabad on furnishing a personal and two sureties each in the like amount to the satisfaction of magistrate/court Concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed froo framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174 A and 229A IPC.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.12.2018 Ujjawal