Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4242 of 2019 Applicant :- Mohd. Siraz And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Mohd Siraz, Sahil and Saeed Ahmad seeking bail in Case Crime No. 366 of 2018, under Sections 147, 148, 149, 307, 353, 332, 323, 504, 506, 336, 153-A, 505(3), 427 IPC and Section 7 of Criminal Law Amendment Act, Police Station Bithri Chainpur, District Bareilly.
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 even according to the prosecution own case, 21 named and 300-400 persons are said to be involved in the present case and they had opened fire upon the police personnel.
Learned counsel for the applicants has next submitted that the crowd had also resorted to pelting stones, due to which, some police personnel has received injuries.
Learned counsel for the applicants has next submitted that the applicants are not named in the FIR nor any specific role has been assigned to them and during investigation, their names have surfaced.
Learned counsel for the applicants has next submitted that the criminal history of the applicants has been explained in para 16 of the affidavit and the applicants are in jail since 23.09.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants are in jail since 23.09.2018.
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 Siraz, Sahil and Saeed Ahmad be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties 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.
Order Date :- 30.1.2019 Nadim