Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29729 of 2019 Applicant :- Shameem Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Shri Nazrul Islam Jafri, learned Senior Advocate assisted by Sri Sadaful Islam Jafri, learned counsel for the applicant, Sri S.K.Tripathi, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against eight accused persons, namely Ikbal, Nafis, Phurkan, Istkar, Akbar, Naeef, Shamim and Anish alleging that on 10.2.2017 at 7.30 p.m. they assaulted Vishal and Sanjay. Vishal received three gun shot injuries (three entry and three exit), resultantly died. Sanjay received five incised wound. Specific role of firing at Vishal was assigned to co- accused Ikbar, Nafis and Phurkan. Statement of injured Sanjay was recorded after two months of incident, he stated that Iftekhar, Akbar and Anish assaulted him with knife on head, chest and hand; he also stated that Haneef and Shamim assaulted him with stick (danda).
It is submitted by learned counsel for the applicant that co- accused namely Anees, Haneef and Iktekhar have already been granted bail by this Court vide order dated 18.2.2019 and 24.7.2019 in Criminal Misc. Bail Application Nos. 20389 of 2018, 45349 of 2017 and 29511 of 2019, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Main role of firing was assigned to co- accused Ikbal, Nafis, Phurkan. The case of applicant is distinguishable from co-accused Ikbal, Nafis, Phurkan. Statement of injured Sanjay was recorded after two months of incident. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 15.4.2019 (more than three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Anees, Haneef and Iktekhar who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Shameem involved in Case Crime No. 197 of 2017, under Sections 147, 148, 149, 307, 302, 504 IPC, Police Station Kotwali City Bijnor, District Bijnor be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.7.2019 A. Singh