Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56864 of 2019 Applicant :- Shahnawaj Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Shahnawaj in connection with Sessions Trial No.1291 of 2016 arising out of Case Crime No.480 of 2016, under Sections 147, 148, 302/149, 506 I.P.C., P.S. Charthawal, District Muzaffar Nagar.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that earlier the applicant was exonerated by the police during investigation and the applicant was summoned under Section 319 Cr.P.C. by the trial court. He submitted that the co-accused Mohsin has been admitted to the concession of bail by another Bench of this Court by order dated 04.04.2017 passed in Criminal Misc. Bail Application No.10761 of 2017, copy whereof has been annexed on page no.72 of the bail application and the role assigned to the applicant is similar to the role of the other co-accused, who has already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 23.10.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Mohsin has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Shahnawaj involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties 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 appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 20.12.2019 R./