Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30696 of 2019 Applicant :- Shadab Alias Bhoora Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Subhash Chandra Pandey, learned counsel for the applicant, Sri Nishant Singh, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shadab Alias Bhoora with a prayer to release him on bail in Case Crime No. 302 of 2019, under Sections 307, 336, 504, 506, 326 I.P.C., Police Station- Swar, District- Rampur, during pendency of trial.
It is argued by the learned counsel for the applicant that as per allegations made in the first information report, on 5th April, 2019 at 06:20 p.m. (evening), when the first informant along with his nephews, namely, Arif and Ilyas were sitting in the corridor of his house, Sadab @ Bhura (applicant herein), Hibjey Ali, Naqshey Ali and Mehfooz climbed on their roof of the house, when they objected, they started using abusive language and when they objected not to abuse them, they started pelting stones upon them and Sadab and Hibjey Ali after taking country made pistols from their house, with intention to kill them, fired upon Arif i.e. nephew of the informant, due to which he sustained injuries. On hearing the noise, people came and on seeing them, they after threatening, ran away. It has further been argued by the learned counsel for the applicant that as per the version of the first information report and as per the statement of injured under Section 161 Cr.P.C., role of firing upon the injured by country-made pistols has been assigned to the applicant and the co-accused-Hibjey. As per the medical examination report, all the injuries sustained by the injured have been reported to be caused by fire arm, which are grievous in nature but it is not clear as to who was the author of causing of the said injury. It is further argued that it is a cross case in which both sides have received injuries and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. The co-accused-Naqshey Ali has already been granted bail by another Bench of this Court vide order dated 29.05.2019 passe in Cri. Misc. Bail Application No.22611 of 2019, hence the applicant is also liable to be enlarged on bail. The applicant is languishing in jail since 25.06.2019. The criminal history of applicant has been explained in paragraph no.22 of the affidavit accompanying the bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2019 JK Yadav