Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57309 of 2019 Applicant :- Shahnazar Opposite Party :- State of U.P.
Counsel for Applicant :- Mahipal Singh,Vinay Singh Counsel for Opposite Party :- G.A.
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 Shahnazar in connection with Case Crime No.443 of 2015 (Session Case No.831 of 2018), under Sections 147, 148, 149, 302, 504, 506, 120-B I.P.C., P.S. Civil Line, 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 the name of the accused has surfaced during investigation after twenty one day of the incident in the third statement of co-accused, Saurabh Malik and Sagar Malik. He further submitted that co-accused Saeed Mulla, who has been admitted to the concession of bail by another Bench of this Court by order dated 14.12.2018 passed in Criminal Misc. Bail Application No.46460 of 2018, copy whereof has been annexed on page no.122 of the bail application and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 04.01.2019 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 Saeed Mulla 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 Shahnazar 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./