Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28473 of 2019 Applicant :- Siraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Brahma Kumar Tiwari,Omar Zamin Counsel for Opposite Party :- G.A.,Umesh Kumar Tripathi
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Brahma Kumar Tiwari, learned counsel for the applicant, Sri Ajay Kumar Pandey holding brief of Sri Umesh Kumar Tripathi, learned counsel for the informant, Sri Shoiab Khan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Siraj with a prayer to enlarge him on bail in Case Crime No.2426 of 2018, under Sections 307, 452, 504 & 506 I.P.C., Police Station Loni, District Ghaziabad.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per statement of the injured the only role assigned to the applicant is of catching hold. Co-accused Yaseen and Irfan have been granted bail by a co-ordinate Bench of this Court vide order dated 09.01.2019, 01.05.2019 passed in Crl. Misc. Bail Application Nos.591 and 16821 of 2019. The case of the applicant is identical to co-accused Irfan. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 12.06.2019. Accordingly, he requests for bail.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
i) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
ii) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
iii) The applicant shall personally appear once in the first week of every month in the concerned police station. In case of any default, the in-charge, police station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned, who is required to convey this order to the concerned police station to ensure compliance of condition no.iii as provided hereinbefore.
The concerned court below which will accept the bail bonds is also directed to convey a photo-copy of this order to the concerned police station so that the condition no.iii provided hereinbefore may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 25.7.2019 Anand Sri./-