Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10508 of 2019 Applicant :- Noor Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Chandan Bhagat Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
Supplementary affidavit filed by Shri Chandan Bhagat, learned counsel for the applicant is taken on record.
The present bail application has been filed by the applicant in Case Crime No. 578 of 2018, under Section 279, 338, 427, 337, 304 I.P.C., P.S. T.P. Nagar, District Meerut with the prayer to release him on bail.
Learned counsel for the applicant submits that according to the prosecution version on 29.09.2018 at about 11:20 pm driver of container DL 1 GC 5997 driving the vehicle rashly and negligently colluded with a pick-up no. U.P. 15 C.T. 2409 due to which three persons became seriously injured among whom two persons died on the spot and one person was taken to K.M.C. hospital, who died during treatment. Thereafter, driver of the container again driving the vehicle rashly and negligently, made a collusion vehicle no. U.P. 15 C.T. 2897, by which four persons became seriously injured sitting in the auto- rickshaw among whom two persons died on-spot and two persons were admitted in the hospital. The container driver leaving the container at the village Tiraha taking benefits of the crowd absconded.
Learned counsel for the applicants submits that applicant is not the driver of the container as alleged in the F.I.R. . On the basis of information of informer he has been arrested by the Police. The statement of owner of the container has not been recorded by the Investigating Officer and charge-sheet has been filed without ascertaining who was driver of the container.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail is made out.
Let the applicant Noor Alam involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize 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 applicant is accused.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 28.11.2019 Sachin