Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49544 of 2018 Applicant :- Vaidullah Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vaidullah seeking bail in Case Crime No. 182 of 2018, under Sections 147, 148, 149, 34,307,419,420,468 IPC, P.S.
Phoolpur, District Azamgarh.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that even according to the prosecution own case as many as seven persons are said to have pelted stones and thereafter opened fire upon police party, however, none of police personnel has received any injury. He has next submitted that recovery of an iron rod is shown to have been made from the possession of the applicant which is false and planted. Learned counsel for the applicant has next submitted that the applicant has no previous criminal history. However, subsequently he has been falsely implicated in three other cases which has been explained in para 5 of the supplementary affidavit.
It is lastly submitted that the applicant is in jail since 20.9.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Vaidullah be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 R