Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6271 of 2019 Applicant :- Taphjjul Husain Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Taphjjul Husain seeks bail in Case Crime No. 708 of 2018, under Sections 147, 148, 149, 307, 427, 323, 504, 506, 452, 436, 353, 332 I.P.C., 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damage to Public Property Act, P.S. Gulariha, District- Gorakhpur.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the applicant is not named in the First Information Report and he has not been arrested on the spot and no recovery whatsoever has been made from his possession or on his pointing out. Learned counsel for the applicant has next submitted that the name of applicant has surfaced subsequently on the basis of statement of witness Anil Singh. Learned counsel for the applicant has next submitted that similarly placed co-accused Ali Asgar has already been granted bail by this Court in Criminal Misc. Bail Application No. 105 of 2019 vide order dated 4.1.2019. Several other co-accused have also been granted bail. Lastly, it is submitted that applicant is in jail since 26.9.2018 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. The applicant has no criminal history to his credit.
Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail by this Court and that the applicant is in jail since 26.9.2018 and has no criminal history to his credit.
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 applicant Taphjjul Husain 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 :- 25.2.2019 KU