Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24842 of 2019 Applicant :- Sanavvar And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 274 of 2019, under Sections 323, 308, 504, 506 I.P.C., Police Station Kotwali, District Ghaziabad.
Learned counsel for the applicants submits that according to prosecution on 01.04.2019 applicants and co-accused had committed marpeet with the complainant as well as family members. In the medical report injury of the Kumari Shahjahan on the skull was found to be grievous in nature that is why the offence under Section 308 I.P.C. has been added. The role is not specified who is author of the grievous injury. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that there are no criminal history of the applicants and they are languishing in jail since 03.04.2019.
Per contra, learned A.G.A. has vehemently opposed the prayer of bail that the applicants and one Munawwar Malik caused grievous injury to Kumari Shahjahan as well as injuries to her family members.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicants- Sanavvar, Suwalin and Munnu @ Firoz involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicants shall not tamper or pressurize the prosecution evidence.
2. The applicants shall appear on the date fixed by the trial Court.
3. 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.
If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 21.6.2019 Rohit