Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27273 of 2018 Applicant :- Shakeel Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Vineet Pandey,Tejasvi Misra Counsel for Opposite Party :- G.A.,Ghan Shyam Das
Hon'ble Harsh Kumar,J.
Counter affidavits filed by learned A.G.A. as well as learned counsel for the first informant and rejoinder affidavit filed by learned counsel for the applicant, are taken on record.
Heard Sri Vineet Pandey, learned counsel for the applicant, Sri Ghanshayam Das, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated for the incident in question in which applicant and co-accused persons allegedly attempted on the life of Afsar Ahmad the brother of the first informant at about 2:30 p.m. and the applicant as well as Samim and Suhail armed with rifle and D.B.B.L. gun, co-accused Naved and Mohd Afzal armed with iron rod committed marpit with Afsar by rods, hockey, rifle and butt of gun and also broken the rifle of deceased resulting in his death; that the postmortem report of deceased shows two abrasions over his head apart from which three abrasions and three lacerated wounds on non-vital parts of body; that the recovery of rifle is not alleged to have been made from the applicant and the alleged rifle is not said to have been used as fire arm rather is alleged to have been used as a stick; that co-accused Shamim Ahmad and Naved Ahmad have been granted bail by other Benches of this Court vide orders dated 03.05.2018 and 01.11.2018 passed in Cri. Misc. Bail Applicatiion No. 16454 of 2018 and in Cri. Misc. Bail Application No. 27061 of 2018 copies filed at Annexure-8 and produced for perusal; that the case of applicant is identical to co-accused persons who have already been granted bail; that applicant has explained his criminal history in para 19 of the rejoinder affidavit and it was incorrectly and inadvertently mentioned in the affidavit of bail application that he has no criminal history; that the applicant is not a previous convict and has provided the certified copies of his bail orders passed by Magistrate Courts of Allahabad Judgeship dated 18.12.2014 and 20.06.2007 in case crime no. 135 of 2006 under Sections 323, 504, 325 I.P.C. and in Case Crime No. 97 of 1994, under Sections 395 and 397 I.P.C. which are taken and made part of the record; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 10.02.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shakeel Ahmad be released on bail in Case Crime No. 08 of 2018, under Sections 147, 148, 149, 307, 302, 504, 506, 427, 34 I.P.C., & Section 7 of Cri. Law Amendment Act, P.S. Nawabganj, District Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.11.2018 Md Faisal