Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7652 of 2018 Applicant :- Rabuday @ Samiulla Opposite Party :- State Of U.P.
Counsel for Applicant :- Faizur Rahman 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 three accused persons namely, Rabude, Kaleem Rain, Jilfikar and 50-60 unknown persons alleging that on 21.5.2016 they assaulted the S.D.M. and some police personals by throwing bricks and used criminal force to deter public servant from discharge of their duties, they received injuries i.e. simple in nature.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. There is general allegations against all accused. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature and not dangerous to life. There is no independent witness. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 3.2.2018 having no criminal history.
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.
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 Rabuday @ Samiulla involved in the Case Crime No. 345 of 2016, under Sections 147, 148, 332, 504, 506 IPC and Section 7 Criminal Law Amendment Act, P.S. Bhognipur, District Kanpur Dehat be released on bail on their 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. Singh