Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4102 of 2019 Applicant :- Rizwan Opposite Party :- State Of U.P. Counsel for Applicant :- Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rizwan seeking bail in Case Crime No. 12 of 2018, under Sections 302, 120-B IPC, Police Station Kotwali, District Jaunpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant is not named in the FIR and his name has surfaced for the first time in the statement of co-accused Khuda Bakhsh and Kaleem, in which, only role of hatching conspiracy to cause the death of the victim has been assigned to the applicant.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 16.01.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 16.01.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Rizwan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 Nadim