Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40617 of 2019 Applicant :- Yameen Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Shri. V.P Srivastava Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Srivastava, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Yasin, Riyaz, Mantu, Hashim alleging that due to illicit relation between deceased and daughter of Yamin, on 26.5.2019 Riyaz shot fire at Javed (brother of complainant), he received one gunshot injury on head (exit & entry), resultantly died. Countrymade pistol with cartridge used in the crime were recovered at the pointing out of co-accused Riyaz.
It is submitted by learned counsel for the applicant that co- accused namely Hasim has already been granted bail by this Court vide order dated 17.9.2019 in Criminal Misc. Bail Application No. 36558 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Only one gunshot injury (exit & entry) was found on the head of deceased caused by co- accused Riyaz. Even then main role of firing was assigned to co-accused Riyaz. The case of applicant is distinguishable from co-accused Riyaz. Countrymade pistol with cartridge used in the crime were recovered at the pointing out of co-accused Riyaz. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 28.5.2019 (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.
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 applicant has no criminal history and the case of present applicant is identical to co-accused, who has 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Yameen involved in Case Crime No. 324 of 2019, under Section 302 IPC, Police Station Khurja, District Bulandshahar 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 :- 30.9.2019 OP