Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40637 of 2018 Applicant :- Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.,Mohammad Mustafa
Hon'ble Dinesh Kumar Singh-I,J.
Sri Shahroze Khan, learned counsel for the applicant, Sri Mohammad Mustafa, learned counsel for the complainant and Sri B.A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 29 of 2018 under Sections 377, 323 and 506 I.P.C. & Section 3/4 P.O.C.S.O. Act, P.S. Pathra Bazar, District Siddhartha Nagar.
It has been argued by learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; the occurrence is shown to be of 10.04.2018 while the F.I.R. has been lodged on 25.05.2018; after the occurrence on 10.04.2018, another dispute has arisen between the parties regarding which an N.C.R. was lodged by the same informant under Section 323 and 504 I.P.C. on subsequent date i.e. on 16.04.2018 but no mention was made therein of any such occurrence with the victim. Further it is argued that one more quarrel has happened between the parties regarding which proceedings under Section 107 and 117 Cr.P.C. was drawn but in even in those proceedings, nothing of this sort was mentioned; because of animosity, accused applicant was implicated; accused has no criminal history and the present case is a no injury case; the accused applicant is in jail since 20.07.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Nasir involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 A. Mandhani