Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11473 of 2018 Applicant :- Wahid @ Chhotu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ashutosh Kumar Mishra, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four persons namely, Mujahid, Wahid, Chhotu and Waseem alleging that they entered into the house and assaulted the injured, namely, Ruhi, Fareen and Farman with butt. Injured Farman has received one injury on his head and frontal bone was found fractured and other injuries are simple in nature.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to C.M.O. report, on 4.9.2017 injured Farman was not medically examined. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 15.11.2017 (more than four months) 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. Co-accused namely Muzahid has been granted bail by this Court on 19.1.2018 vide Criminal Misc. Bail Application No. 2220 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and admitted that 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 Wahid @ Chhotu involved in Case Crime No. 560 of 2017, under Sections 452, 354, 307, 323, 506 IPC, P.S. Civil Lines, 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 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 :- 29.3.2018 A. Singh