Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46013 of 2018 Applicant :- Sanawwar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Sanawwar for bail in Case Crime No. 232 of 2018, under Section 302 I.P.C., Police Station Nagal, District Saharanpur.
Heard Mohd. Aslam, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant has submitted that the applicant is not named in the First Information Report. During the course of investigation, his name came first time into light in extra judicial confessional statement made by him before Rashid and Irfan Siddiqui. Rashid is also a witness of Punchnama. Applicant has no criminal history. Sufficient time has already been given to State for filing counter affidavit regarding status of forensic science report, but no report has been filed regarding the weapons recovered from the applicant's possession. He is in jail since 10.8.2018. The applicant has no other reported criminal antecedent. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Sanawwar involved in Case Crime No. 232 of 2018, under Section 302 I.P.C., Police Station Nagal, District Saharanpur, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is 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 him in accordance with law.
Order Date :- 20.12.2018 Saurabh