Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34319 of 2019 Applicant :- Parvej And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The submission is that the role of exhortation has been assigned to the applicants. They are not the main assailants. The applicants are in jail since 13.06.2019. The applicant no. 1 has criminal history of one case which has been explained in paragraph 26 of the affidavit in support of bail application.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicants- Parvej and Afsaar Malik, be released on bail in Case Crime No. 386 of 2019, under Sections 307 and 34 I.P.C., Police Station- Kotwali, District- Fatehpur, on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 :- 22.8.2019 Rohit