Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20197 of 2018 Applicant :- Vaheed Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Firoz, Riyajuddin @ Sukhey, Ravi Mansoori @ Rabudey, Nafees, Sakeel and Waheed alleging that on 9.8.2017 at 7:30 P.M. Firoz and Sakeel with axe and other accused with stick (lathi) & danda assaulted Shabu Mansoori, Chand and Nazma. Chand received head injury and resultantly died, all injuries of other victims are simple in nature.
It is submitted by learned counsel for the applicant that the co-accused Sakeel, Firoz and Nafees have already been enlarged on bail by this Court vide order dated 05.04.2018, 19.2.2018 and 21.5.2018 passed in Criminal Misc. Bail Application Nos. 12329 of 2018, 5943 of 2018 and 18803 of 2018, the role of the applicant is identical to the co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant is languishing in jail since 8.10.2017 (more than seven and half months) having no criminal history; according to FIR, Firoz and Sakeel assaulted with axe but no injury of axe was found on the body of deceased or any injured; general role has been assigned against all the accused persons; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 the applicant has no criminal history and his case is identical to co-accused Firoz, Sakeel and Nafees who have been enlarged on bail.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Vaheed involved in Case Crime No.660 of 2017, under Section 147, 148, 149, 302, 307, 504 IPC, Police Station Auraiya, District Auraiya 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 :- 29.5.2018 A. Singh