Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7879 of 2018 Applicant :- Mubarik @ Soni Opposite Party :- State Of U.P.
Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against eight accused persons including the applicant, namely, Sakeel, Mubarak, Jubair, Syin, Deenu, Saukat, Abdul s/o Raheem and Abdul s/o Kareem alleging that they made indiscriminate firing upon the injured Shakir and he has received injury on his leg.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the injury received by the injured is not on vital part of the body; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; general role has been assigned against all the accused persons; the co-accused Shakil and Sahun have already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 24.08.2015 & 04.04.2016 passed in Criminal Misc. Bail Application No. 43882 of 2014 & 6652 of 2015; there is no possibility to get decided this case in near future; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 01.08.2016 (more than one year and six months) having no any previous criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no previous criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Mubarik @ Soni involved in the Case Crime No. 23 of 2014, under Sections 147, 148, 149, 307, 427 I.P.C., P.S. Barsana, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018/A. Tripathi