Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3841 of 2019 Applicant :- Saleem And 4 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicants is taken on record.
Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants submits that even according to the prosecution own case 21 named and 300-400 persons are said to be involved in the present case on the allegation that they had opened fire upon the police personnel. Learned counsel for the applicants has next submitted that the crowd also resorted pelting stones due to which some police personnel have received injuries. Learned counsel next submitted that the applicants are not named in the F.IR. nor any specific role has been assigned to them during investigation their name had to surfaced. The co-accused Haji Sharafat having identical role has already been released on bail by another bench of this court vide order dated 19.12.2018 in Cr. Misc. Bail Application No. 48838 of 2018, therefore applicants are also entitled for bail on the ground of parity. The criminal history of the applicants has been explained in paragraph no. 17 of the affidavit filed in support of bail application. The applicants are in jail since 23.9.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Haji Sharafat having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicants Saleem, Gulam Sabir, Ilyas, Afsar Ali and Saleem involved in Case Crime No. 366 of 2018, under Section 147, 148, 149, 307, 353, 332, 323, 504, 506, 336, 153-
A, 505(3) 427 IPC and 7 Criminal Law Amendment Act, Police Station Bithri Chainpur District Bareilly be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 29.1.2019 Gss