Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38780 of 2021 Applicant :- Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Sajiya Parveen Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The first information report was lodged against 21 accused persons including the applicant and that the role of firing has been attributed to co-accused Waseem and Taufiq and against the rest of the accused persons only general allegations have been levelled. No specific role has been assigned to applicant. It was submitted that there is no independent witness of alleged incident and that there is no credible evidence against the applicant to show his involvement in the incident. It has further been submitted that main co-accused Taufiq and Waseem have already been granted bail by this court vide orders dated 27.1.2021 and 7.4.2021 passed in Criminal Misc. Bail Application Nos. 48731 of 2020 and 16258 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 24.08.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that the similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 applicant Munna, involved in Case Crime No. 435 of 2020, under Sections 147, 148, 149, 323, 354-B, 307, 308, 452, 504, 506, 427, 120-B IPC and Section 7/8 P.O.C.S.O. Act, P.S. Manjhanpur, District Kaushambi, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 SA