Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7301 of 2018 Applicant :- Yunus Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against five accused persons namely, Yunus, Nausad, Idrish, Mansoor and Guljar alleging that on 7.10.2017 they assaulted the injured Farmood and Idiya with lathi-danda and sword, injured Farmood received one injury on head and fracture was found and other injuries of the injured are simple in nature.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is cross case in case crime no. 182 of 2017 including 307 IPC, Nausad, Idrish, Mansoor and Guljar have received injuries; the incident took place at the spur of moment both sides have received injuries; at this state, it is not possible to decide, who is the aggressor; there is general allegations against all accused persons; there is no independent witness; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 25.10.2017 (more than four months).
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 Yunus involved in the Case Crime No. 183 of 2017, under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C., P.S. Shivala Kalan, District Bijnor be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the 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 :- 26.2.2018//A. Singh