Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7854 of 2018 Applicant :- Tajuddin @ Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit has been filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against 14 accused persons including the applicant, alleging that on 29.12.2017 they made firing on Police personnel but they saved themselves; the applicant no.1-8 were arrested by the Police and other accused persons were fled away; recovery of some illegal firearm, Buffalo and cartridges were made from their possession.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; this is Police firing case but no injury was found on the body of any of the Police personnel; there is no independent witness against the applicant; the co-accused Danish has already been enlarged on bail by this Court vide order dated 19.02.2018 passed in Criminal Misc. Bail Application No. 5862 of 2018, copy of which has been taken on record; the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 29.12.2017 (more than one and half months) the criminal history of four cases against the applicant have been explained.
Learned A.G.A. opposed the prayer for bail and admitted that the criminal history of four cases against the applicant have been explained, the role of this accused is identical to the role of the accused who have already been enlarged on bail..
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Tajuddin @ Raju involved in the Case Crime No. 0547 of 2017, under Sections 147, 148, 149, 307, 382, 504, 506, 411 I.P.C. and Section 41/102 Cr.P.C., P.S. Patiyali, District Kashganj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 A. Tripathi