Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26001 of 2018 Applicant :- Yunus Opposite Party :- State Of U.P.
Counsel for Applicant :- Zaid Arshad,Arshad Hamid Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of State today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant and perused the material on record.
The present bail application has been moved for enlarging the applicant Yunus on bail in Case Crime No. 124 of 2018, under Sections 452, 323, 504, 506, 307, 436, 427 I.P.C., PS-Hapur Nagar, District-Hapur.
It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that no one has received injury in the aforesaid incident from the side of the complainant. It is next contended that in the same incident the informant along with other persons beaten the applicant and one Azad and they had also sustained fire arm injury. It is next contended that father-in-law of the applicant tried to lodge the F.I.R. against the informant but no F.I.R. was lodged then he immediately moved an application before S.H.O. Hapur City and a copy of the same was also sent to the SP Hapur and after that an application under Section 156(3) Cr.P.C. was also moved before C.J.M., Hapur. It is next contended that C.J.M. Hapur has also sought information from the police station Hapur in this regard. It is next submitted that co-accused Nadeem has already been granted bail by this Court vide order dated 9.08.2018 in Criminal Misc. Bail Application No.14304 of 2018, hence the applicant is also entitled for bail. It is lastly submitted that applicant is in jail since 23.05.2018.
On the other hand learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail to the applicant but could not dispute the fact that the co-accused Nadeem has already granted bail by this Court.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Yunus be released on bail in the aforesaid case crime 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:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 23.8.2018 SFH