Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8516 of 2019 Applicant :- Salim Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 8.5.2018 after one day of the incident against four accused persons, namely, Navi Hasan, Ali Hasan, Abdulla and Salim alleging that on 7.5.2018 they assaulted Sharif Ahmad. He received nine injuries- one is on head and due to that injury he died. Applicant assaulted injured Shohel Ansari by sharp-edged weapon but no incised wound was found on the body of injured.
Learned counsel for the applicant submitted that co- accused Navi Hasan and Ali Hasan have already been enlarged on bail by this Court vide order dated 18.12.2018 and 25.1.2019 in Criminal Misc. Bail Application Nos. 48305 of 2018 and 3512 of 2019 and the case of the applicant is identical to the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 28.5.2018 (near about eight months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; assault by iron rod was specifically assigned to co-accused Navi Hasan and assault by sword was assigned to Ali Hasan but no injury of incised wound was found on the body of the deceased; no offence under Section 302 I.P.C. is made out against the applicant; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the present applicant is identical to the case of co-accused Navi Hasan and Ali Hasan, 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 applicant Salim involved in Case Crime No. 0212 of 2018, under Section 302, 307, 323, 504, 452 IPC, Police Station-C.B. Ganj, District-Bareilly 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 :- 27.2.2019 A. Singh