Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45332 of 2018 Applicant :- Suhail Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Suhail seeking bail in Case Crime No. 1688 of 2017, under Sections 307, 506 IPC, Police Station Kotwali Nagar, District Bulandshahar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next contended that the incident has taken place on 21.12.2017 and F.I.R. has been lodged on 23.12.2017.
Learned counsel for the applicant has next submitted that in the first information report and in the statement of the victim Naved, the applicant alongwith one Shahid is said to have opened fire due to which he received injuries, however the author the said injury is not known. Learned counsel for the applicant has next submitted that similarly placed co-accused Shahid has already been granted bail in Crl. Misc. Bail Application No. 17802 of 2018 vide order dated 28.09.2018 by this Court.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 30.12.2017. and 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 AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co-accused has already been granted bail and the fact that the applicant is in jail since 30.12.2017.
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 Suhail 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 :- 28.11.2018 Ashok Gupta