Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30476 of 2019 Applicant :- Shueb Kuraishi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rakesh Pati Tiwari , learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shueb Kuraishi with a prayer to release him on bail in Case Crime No. 648 of 2019, under Sections 323, 307, 504 of I.P.C., Police Station- Baradari, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R. which has been lodged by one Hazi Amir against the applicant and the other co-accused persons with the allegation that on 12.06.2019, at about 09:08 p.m., the applicant came in the house of the complainant and told him to come along with him. When they reached Kanwar Shah Ki Mazar, at that time, co-accused Jubair and Tanveer came there and demanded Rs. 50,000/- from the complainant. It has also been alleged that when the informant opposed the same, then, the co-acused- Jubair and Tanveer started beating the informant and fired upon him but he was safe and did not receive any fire arm injury. It is next submitted that no role of causing fire arm injury has been assigned to the applicant. Applicant is innocent and has falsely been implicated in the present case due to ulterior motive. It has further argued that co- accused -Jubair and Tanveer had approached before this Court by means of Criminal Misc. Writ Petition No. 17626 of 2019 for quashing of the F.I.R. and another Bench of this Court has stayed the arrest of that petitioners vide Order dated 27.06.2019. The applicant is languishing in jail since 14.06.2019. The criminal history of applicant has been explained in paragraph no. 13 of the affidavit in support of bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Priya