Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45678 of 2018 Applicant :- Nizamudden Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Adarsh Bhushan, Advocate and Sri Amit Kumar Srivastava, Advocate on behalf of complainant is taken on record.
Heard Sri Amit Daga, learned counsel for the applicant, Sri Adarsh Bhushan, learned counsel for the complainant as well as Sri Mayank Mishra, brief holder for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against eight accused persons, namely, Nanhe, Khurshid, Ajimulla, Najim, Nijamuddin, Jahid, Shahid, Isarar and 20-25 unknown persons alleging that on 16.6.2018 they assaulted Shahid. He received two injuries, one on head, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Co-accused namely Nadeem, Shahrukh and Nartaj have already been granted bail by co-ordinate Bench of this Court vide order dated 22.10.2018 and 4.10.2018 in Criminal Misc. Bail Application Nos. 38691 of 2018 and 37312 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is cross case in case crime no. 436 of 2018, under Section 325 IPC. It was a case of sudden fight and incident has taken place in spur of moment, applicant's side one person Azi Mulla died and other persons received injuries. At this stage, it is not possible to decide who is the aggressor. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. It is not clear from the prosecution evidence who was the author of the injuries found on the body of deceased. There is no independent witness. He is languishing in jail since 6.7.2018 (more than five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history, the case of present applicant is identical to co- accused Nadeem, Shahrukh and Nartaj who have been enlarged on bail and there is cross case.
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 Nizamudden involved in Case Crime No. 397 of 2018, under Sections 147, 148, 323, 336, 304 IPC, P.S. Gajraula, District J.P. Nagar (Amroha) be released on bail on furnishing 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 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.
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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 A. Singh