Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49324 of 2018 Applicant :- Sikander Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Sikander seeking bail in Case Crime No. 83 of 2018, under Sections 307, 323, 452, 504 and 506 I.P.C. Police.Station-Nakhasa, District- Sambhal.
Learned counsel for the applicant has submitted that in the first information report, general role of assault has been assigned to all the three nominated accused persons including the applicant. However, in the statement of the victim Aftab under Section 161 Cr.P.C. victim has subsequently assigned the role of firing to co-accused Shabbu @ Shabibur Rahman due to which he suffered injuries on his hands, abdomen and his private parts. Learned counsel for the applicant has further submitted that no injury has been caused to the victim by the applicant. Shabbu @ Shabibur Rahman has already been granted bail by this Court, vide order dated 27.07.2018.
It is lastly submitted that the applicant is in jail since 25.01.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in the trial. The applicant has no criminal history to his credit.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sikander be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 sweta