Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40545 of 2018 Applicant :- Saudan And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Nasiruzzaman & Sri Mohit Kumar Jaiswal, learned counsels for the applicants, Sri S.P.S. Chauhan and Smt. Meenakshi Chauhan, learned counsels for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicants who are involved in case crime no.145 of 2017, under Sections 147, 148, 149, 307, 394, 436, 302 IPC and 7 Criminal Law Amendment Act, P.S. Vijaygarh, District Aligarh are seeking enlargement on bail during the trial.
Learned counsel for the applicants in support of his application for bail submits that the applicants are innocent. They have been falsely implicated. It is further submitted that there are two cross FIRs i.e. case crime no. 144 of 2017 and 145 of 2017. The informant of the present FIR is lodged by Bundu Khan S/o Manzoor Khan and Suman Sharma W/o Ram Veer respectively. The date, time and place of occurrence of the incidents of both the FIRs are almost similar. It is submitted by the learned counsel for the applicants that both sides there were firing and which group is aggressor over whom. Since both sides have sustained one dead persons and at this stage it is very difficult to adjudge as the applicants; Saudan & Hamid are in jail since 28.8.2018 and applicant Guddu is in jail since 30.8.2018 having no criminal history to their credit. Lastly, it is submitted that co-accused Shamshr alias Bholu, Aas Mohammad @ Mota, Chotey Khan, Hashmat & Nadeem have already been enlarged on bail by the coordinate Benches of this Court in Criminal Misc. Bail Application Nos.10937 of 2018 & 38905 of 2018 vide orders dated 23.3.2018 & 10.10.2018 respectively, therefore, the applicants are also entitled to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let applicants Saudan, Hamid & Guddu, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 27.10.2018 Hasnain