Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15355 of 2018 Applicant :- Rihan And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Rama Shankar Mishra, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 6.12.2017 against four accused persons, namely Tahir, Arif, Rihan and Farman alleging that on 1.12.2017 they assaulted Hanif, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Arif has been granted bail by co-ordinate Bench of this Court vide order dated 6.3.2018 in Criminal Misc. Bail Application No. 7694 of 2018, since the role of the applicants is not distinguishable with the role of co- accused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. Main role was assigned against co-accused Tahir. There is general allegation against the applicants. There is no independent witness against the applicants. They are languishing in jail since 7.12.2017 (more than four and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and the case of present applicants are identical to co-accused Arif who 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Rihan and Farman involved in Case Crime No. 328 of 2017, under Sections 323, 504, 304 IPC, Police Station Arnia, District Bulandshahr 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 25.4.2018 A. Singh