Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34289 of 2019 Applicant :- Mohd. Shamim And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Submission is that there are general allegation against the applicants of beating the husband of the informant. There is no specific role assigned to any of the accused. There is also a cross case regarding the same incident, wherein the informant of this case and others have been implicated. Both the side have received injuries. The applicants are in jail since 27.05.2019. It has been mentioned in para 14 of the affidavit of the bail application that the applicants have no criminal history.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Mohd. Shamim, Kaleem and Sahjade involved in Case Crime No.163 of 2019, under Sections 147, 323, 308, 504 IPC, Police Station Tiwaripur, District- Gorakhpur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 22.8.2019 SS