Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30130 of 2019 Applicant :- Raees Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Smt. Ladlee Pandey, learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against fourteen named and twenty unknown persons alleging that on 6.9.2017 due to previous enmity they assaulted Ameer Fatima and Shamshi(sister and mother of complainant respectively) with sharp-edged weapons. Ameer Fatima received four injuries (three incised wounds and one stabbed wound) and due to injury on neck she died. Shamshi received seven injuries. Specific role has been assigned to Shamim who caused injury to deceased by sharp-edged weapon(chhura) and Nafis has been assigned role to cause injury to injured Shamshi. The knife was recovered from the possession of Shamim. Role of this accused Mustufa was catching hold of legs of deceased at the time of incident.
It is submitted by learned counsel for the applicant that co- accused Nafis and Mustufa have already been enlarged on bail by this Court vide orders dated 21.3.2018 and 7.5.2019 passed in Criminal Misc. Bail Application No. 10073 of 2018 and 16927 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. The applicant is languishing in jail since 29.6.2019 (more than one month) having no criminal history. Total 34 persons were roped in this case and only one injury was found on vital part of deceased and other injuries of injured as well as deceased were not on vital part. Specific role has been assigned to co-accused Shamim who assaulted deceased Ameer Fatima on neck and she died resultantly. The applicant has been falsely implicated. 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. He admitted that co- accused Nafis has been enlarged on bail.
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 Raees involved in Case Crime No.739 of 2017, under Section 147, 148, 149, 452, 307, 324, 302 IPC, Police Station Jhinjhana, District Shamli 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 :- 30.7.2019 A. Singh