Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7998 of 2018 Applicant :- Qamaruddin Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against 16 named accused including this accused alleging that on 19.10.2017 at 9:30 A.M. Ikrar, Irfan, Khushi Mohammad, Waseem Mohammad & Qamaruddin armed with country made guns and pistols, and Faimuddin, Jainuddin, Hasmuddin, Samsuddin, Nisar Mohd, Ahsan Mohd., Hisar Mohd., Israr Mohd, Arif, Jeesan and Azim armed with 'lathi-danda and sword entered into the house and shot fire, assaulted with 'lathi- danda' and damaged household articles. In the said incident Nizamuddin, Islamuddin, Azeemuddin, Rizwan and Farjana received injuries. Nizamuddin received injuries on right forearm, nose and left knee; other injured received injuries of simple nature on non-vital parts.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 22.10.2017(more than five months) having no criminal history; he has been falsely implicated in the present case; general role has been assigned to all the accused; only one injured received injury on vital part; there was no independent witness; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Qamaruddin involved in Case Crime No.506 of 2017, under Sections 147, 148, 149, 452, 307, 323, 506, 427 IPC, Police Station Fatehganj West, District Bareilly 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 :- 28.3.2018 P.P.