Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7354 of 2018 Applicant :- Yameen Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Sisodia,Virendra Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 369 of 2017 under Sections 302, 120B, 34 I.P.C., Police Station Bhojpur District Ghaziabad during the pendency of trial.
As per FIR, the prosecution's case is that on 27.9.2017 at about 12:30 am in night, the present accused along with three others had broken open the door as well as window of the house, where the deceased was present and all of them fired upon him, as a result of which, the deceased died.
Learned counsel for the applicant contends that the role of the present accused-applicant is that of conspiring to kill the deceased. No evidence has been gathered by police as regards conspiracy. The main role of committing murder has been assigned to Umed, Juber Alam and Masoori. It is further submitted by learned counsel for the applicant that in the present case co-accused Juber Alam, whose case stands on the same footing, has been granted bail by this Court on 16.2.2018. Applicant has no previous criminal history. The applicant is languishing in jail since 16.11.2017. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Looking to the fact that co-accused has been granted bail, on the ground of parity and also taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Yameen involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs.
1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 A.P. Pandey