Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4397 of 2019 Applicant :- Zaheer Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Nizam Uddin Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Zaheer Ahmad seeking bail in Case Crime No. 387 of 2018, under Sections 307, 406, 452, 323, 504, 506 IPC, Police Station Meerganj, District Bareilly.
Learned counsel for the applicant has submitted that as per the allegations made in the first information report, the applicant is said to have assaulted the victim by knife on his neck, due to which, victim has suffered a single injury, which has been noted to be muscle deep and opined to be simple in nature. Learned counsel for the applicant has next submitted that the applicant is in jail since 26.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 26.12.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Zaheer Ahmad be released on bail in the aforesaid case crime number 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 :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.2.2019 KU