Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31027 of 2021 Applicant :- Shamim And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
The applicants seek bail in Case Crime No.222 of 2021, under Sections 147, 148, 307, 323, 332, 333, 336, 353, 504 IPC and Section 7 Criminal Law Amendment Act registered at Police Station Kandhala, District Shamli, Contention of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that as per prosecution case, 15 nominated and 20-25 unknown persons are said to have been apprehended and assaulted with Lathi and Danda and beat the police personnel in which the police personnel have received simple injuries. It is also submitted that on the statement of the injured under Section 161 Cr.P.C. it has been categorically stated that all the named and unknown accused persons assaulted with Lathi and Danda and further author of the injury has not been identified by the injured in his statement. It is further submitted that general role has been assigned to all the assailants. The applicants are languishing in jail since 01.06.2021 and the applicants undertake that in case they are released on bail, they will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment 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. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicants- Shamim and Aftab involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 12.8.2021 Atul