Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9936 of 2018 Applicant :- Rashid Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Waseem,Dharmendra Dhar Dubey Counsel for Opposite Party :- G.A.,Mumtaz Ahmad Siddiqui
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned AGA is taken on record.
Heard Sri D.D. Dubey, learned counsel for the applicant, learned A.G.A. and perused the record.
It is stated by counsel for the applicant that his clerk made several attempts to serve copy of mention slip to counsel for the informant, however, he refused to accept the same. Copies of mention slips are taken on record.
The present bail application has been filed by the applicant in Case Crime No. 909 of 2015, S.T. No. 235 of 2016, u/s 304, 34, 504 IPC, P.S.
Baradari, District Bareilly with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that general role of assault by Lathi danda has been alleged against the applicant and three others; it is further submitted that in the post mortem report, three injuries have been noted and out of which injury on head seems to have proved fatal. Lastly it is submitted that co-accused Danish, who is also nominated in the F.I.R, has been granted bail by another Bench of this Court in Bail Application no. 19346 of 2017, therefore, the applicant may also be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Rashid involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 Dhirendra/