Heard learned counsel for the applicant, Sri Vijay Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Imran, Jishan, Furkan, Bassan, Sabban and Tarvej alleging that on 27.10.2019 Furkan shot fire at Chhnd Babu (Chhagga), he received two gun shot injuries, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except co-accused Furkan. Main role of firing was assigned to co-accused Furkan. The case of applicant is distinguishable from co-accused Furkan. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 3.11.2019 (more than one and half months) criminal history of one case has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Tarvez involved in Case Crime No. 980 of 2019, under Sections 147, 148, 149, 302, 504 IPC, Police Station Madiaon, District Lucknow be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 20.12.2019 A. Singh