Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46317 of 2017 Applicant :- Umer @ Jala Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Rahul Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case. It is also contended that applicant is not named in the FIR and no role has been assigned to the applicant. There is no criminal history of the applicant.
Learned counsel for the applicant submitted that the applicant is in custody since 12.8.2017. Learned counsel for the applicant submitted that in case applicant be released on bail, he will not misuse the concession of bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submissions of the 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 Umer @ Jala son of Liyakat @ Nasim involved in Case Crime No. 311 of 2017 , under Sections 147, 148, 149, 307, 336, 353, 427 IPC and 7 Criminal Law Amendment Act and under Section 3 Lok Nyas Adhiniyam, P.S. Kotwali Nagar , District Aligarh 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 the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.11.2017 Ravi Prakash