Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41912 of 2018 Applicant :- Sameer Khan Alias Sahzev Sameer Alias Sahzev Saleem And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Balram Jee Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel Sri V.K. Dwivedi has filed his vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicants, learned AGA for the State as well as Sri V.K. Dwivedi, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No. 618 of 2018, under Sections 364, 323 IPC, Police Station Kotwali, District Basti.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case due to ulterior motive. The applicants are not named in the FIR and their name has surfaced subsequently when they are shown to have been arrested at the house of the co-accused Dashrath, the nominated co- accused.
Learned counsel for the applicants has next submitted that similarly placed co-accused Ravi Pratap Singh has already been granted bail by this Court in Criminal Misc. Bail Application No. 41102 of 2018 vide order dated 27.10.2018.
to their credit and they are in jail since 17.09.2018 and in case, the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicants have no criminal history to their credit and they are in jail since 17.09.2018.
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 applicants have made out a case for bail.
Let the applicants Sameer Khan @ Shahzev Sameer @ Shahzev Saleem and Salman Khan @ Mohd. Salaam Khan be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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.