Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35883 of 2021 Applicant :- Nadeem Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Shukla,Vinod Singh Counsel for Opposite Party :- G.A.,Ashutosh
Hon'ble Om Prakash-VII,J.
Heard Sri Vinod Singh, learned counsel for the applicant, learned A.G.A for the State as well as Sri Ashutosh, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He has not committed the present offence. No specific role has been assigned to the applicant in the F.I.R. At this juncture, learned counsel has referred to the contents of the F.I.R. and further argued that co-accused Dilshad and Ata Mohammad, having identical role, have been granted bail by coordinate Bench of this Court on 27.9.2021 vide Criminal Misc. Bail Application No.27972 of 2021 and 28465 of 2021 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. Applicant is in jail since 27.5.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, the fact that the identically placed co- accused has already been released on bail by this Court, 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 applicant Nadeem involved in Case Crime No.354 of 2021 under Sections 188, 147, 148, 149, 323, 307, 352, 324, 452, 504, 506 IPC, Police Station Gulawati, District - Bulandshahar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
4. 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.10.2021 ss