Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48316 of 2018 Applicant :- Suhail Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Moeez Uddin,Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated for the incident in question in which applicant and co-accused persons allegedly attempted on the life of Afsar Ahmad, the brother of first informant at about 2:30 p.m. and applicant as well as Samim and Shakeel Ahmad armed with D.B.B.L. gun and rifle, co-accused Naved and Mohd Afzal armed with iron rod committed marpit with Afsar by rods, hockey, rifle and butt of gun and also broken the rifle of deceased resulting in his death; that postmortem report of deceased shows two abrasions over his head apart from which three abrasions and three lacerated wounds on non-vital parts of body; that recovery of D.B.B.L. gun is not alleged to have been made from applicant and the alleged D.B.B.L. gun is not said to have been used as fire arm rather is alleged to have been used as a stick; that co-accused Shamim Ahmad, Naved Ahmad, Shakeel Ahmad, Suhail Ahmad and Mohd. Afzal have been granted bail by this Court vide orders dated 03.05.2018, 01.11.2018, 28.11.2018, 10.12.2018 & 12.12.2018 passed in Criminal Misc. Bail Application No.16454 of 2018, 27061 of 2018, 27273 of 2018, 46518 of 2018 & 47539 of 2018 respectively, copy filed at Annexure-8 and produced for perusal; that case of applicant is identical to co-accused persons who have already been granted bail; that applicant has explained his criminal history in para 20 of affidavit; that applicant is not a previous convict; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 9.1.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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.
Let the applicant Suhail Ahmad be released on bail in S.T. No.184 of 2018, Case Crime No.08 of 2018, under Sections 147, 148, 149, 307, 302, 504, 506, 427, 34 I.P.C., & Section 7 of Criminal Law Amendment Act, P.S. Nawabganj, District Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.12.2018 Kpy