Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11204 of 2018 Applicant :- Zaheer Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.,V.K. Kushwaha
Hon'ble Aniruddha Singh,J.
Heard Sri Sanjay Mishra, learned counsel for the applicant, Sri V. K. Kushwaha, learned counsel for the complainant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against this accused namely Zaheer, alleging that on 05.01.2018 the applicant shot fire at Alisha, the daughter of complainant.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 15.01.2018 (more than two months) having no criminal history.
The complainant Nusrat (mother of Alisha) has filed an affidavit before the Sessions Judge, Aligarh on 13.02.2018, alleging that incident took palace on Harsh Firing of birth day celebration and her daughter Alisha has received fire arm injury. She also stated that no fir was made by the accused Zaheer with the intention to kill her daughter.
The father of Alisha namely Aakil is present before the Court today and filed vakalatnama on behalf of the complainant Nusrat, who is identified by Sri V. K. Kushwaha, the counsel for the complainant. He submitted that affidavit filed by the mother of the Alisha is true and he has no objection on grating bail to this accused.
Sri V. K. Kushwaha, learned counsel for the complainant and learned A.G.A. for the State opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Zaheer involved in the Case Crime No.08 of 2018, under Section 307 I.P.C., Police Station Delhi Gate, District Aligarh, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 29.3.2018 VKG