Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7871 of 2018 Applicant :- Niyamat Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey 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 nine accused persons including the applicant, namely, Kamurddin, Niyamat, Rajesh, Damber, Mukhtiyar, Taj Mohammad, Saleem Habeeb and Badshah alleging that they made firing on Police personnel but they escaped themselves; the co-accused Kamurddin and Niyamat were arrested by the Police with the recovery of some illegal firearm and cartridges from their possession and other accused persons were fled away.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; this is Police firing case but no injury was found on the body of any of the Police personnel; there is no independent witness against the applicant; 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 21.11.2017 (more than three months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted he has received no criminal against the applicant.
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 Niyamat involved in the Case Crime No. 1803 of 2017, under Sections 147, 148, 149, 307, 34 I.P.C., P.S. Kotwali Dehat, District Bulandshahr 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