Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11652 of 2018 Applicant :- Umar Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
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 unknown persons alleging that on 7.1.2018 an attempt to theft of animals of the village was made, on restraining it, the shot was fired by the miscreants which hit on the head of Ram Kripa Yadav, as a result of which he received head injury.Subsequently, five persons, namely, Rajesh Gautam, Ravi Yadav, Umar Ali, Rajendra Gautam and Santosh Upadhyay alias Pratik were arrested by the police personnel with country made pistol and cartridges. They also fired shots on the police personnel, but they escaped. On arrest of the accused persons, they stated in their statements that Rajesh Gautam and Umar Ali was involved in this incident and Rajesh Gautam has fired shot on Ram Kripal Yadav.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; he is not named in the first information report; no identification parade was conducted; specific role of firing has been assigned to co- accused Rajesh Gautam ; the incident is of mid-night and no source of light has been shown in the first information report; in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 14.1.2018 (more than two months); the criminal history of the applicant has been explained.
Learned A.G.A. opposed the prayer for bail and admitted that the criminal history against the applicant 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 the applicant Umar Ali involved in the Case Crime No. 1024 of 2010 under sections 307, 427 I.P.C., P.S.Pawara, District Jaunpur 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 :- 30.3.2018 Su