Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2268 of 2019 Applicant :- Sharafat Opposite Party :- State Of U.P. Counsel for Applicant :- Ch. Dil Nisar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ashish Mishra, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri P.K. Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged for the offence under Section 304-A IPC against unknown person alleging that on 24.4.2018, a truck bearing no. UP17-2845 hit the bike of Ravindra, he received injuries, resultantly died. After death, case was converted under Section 302 IPC. During investigation, it was found that accused Goga Kapoor was driving said truck and hit Ravindra in conspiracy with Rukumudeen, Sajid and Sarafat.
It is submitted by learned counsel for the applicant that co- accused namely Goga Kapoor and Rukumudeen have been granted bail by co-ordinate Bench of this Court vide order dated 19.12.2018 and 10.1.2019 in Criminal Misc. Bail Application No. 48732 of 2018 and 48331 of 2018, 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. Goga Kapoor was the driver of said truck. Applicant was not driver. Applicant was not named in the F.I.R. 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 15.10.2018 (more than three months) criminal history of one case has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
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 criminal history has been explained and the case of present applicant is identical to co-accused Goga Kapoor and Rukumudeen 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 Sharafat involved in Case Crime No. 286 of 2018, under Sections 302, 307, 427, 120B IPC, Police Station Kotwali Shamli, District Shamli 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 :- 21.1.2019 A. Singh