In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3256 of 2018 Applicant :- Usman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sayeed Saif Ullah,Satendra Kumar Upadhyay,Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 1122 of 2017, under Section 307/34, 452,504,506 IPC, P.S. Deoband, District Saharanpur.
As per first information report, there took place some dispute between Zulifiqar and accused persons, resultantly, four accused persons and alleged to be armed with firearm, entered into the house of informant and fired shots resulting in serious injuries upon Zulfiqar. Learned counsel for the applicant contended that four accused persons are alleged to have been armed with firearm and it has not been shown as to who was author of the alleged injury. Further injury report has not supported the first information report version as the injured has sustained only one firearm injury on the left side of chest, therefore, it cannot be assured that who fired shot resulting in injury to the injured. He further contended that the applicant has been falsely implicated in the present case and he is in jail since 08.12.2017.
On contrary, learned AGA opposed the prayer for bail.
Considering the aforesaid submissions of learned counsel for the parties, I am of the view that the applicant is entitled to bail.
Let the applicant Usman involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 23.3.2018 Sanjeev