Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11554 of 2018 Applicant :- Varis Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Pal Singh 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 and perused the record.
According to the prosecution case, the F.I.R. was lodged against 13 accused persons,namely, Shah Alam, Master Irshad, Varis, Danish, Shahid, Shahjad, Rais, Vakil, Munna,Arshad, Mahfooz, Maqsood and Pervez alleging that on 12.06.2017 at about 8.00 P.M. they made indiscriminate firing and from the shot fired by Shah Alam, Kamil received firearm injury on his stomach. As per the statement of injured Kamil, this injury was caused by Shahid.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; specific role of causing injury on the person of Kamil has been assigned, according to FIR to accused Shah Alam, but according to Kamil, Shahid had caused the injury. There is no injured except Kamil. There is cross case registered as case crime No. 205 of 2017 under section 307 I.P.C. and Shah Nazar has received fire arm injury on his shoulder.The applicant is languishing in jail since 17.2.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. At this stage, it cannot be ascertained as to who was aggressor.
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.
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 Varis involved in the Case Crime No. 204 of 2017, under sections 147, 148, 452, 504 and 307 I.P.C.,Police Station Bhawanpur, District Meerut 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