Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3904 of 2019 Applicant :- Zahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. and has not caused any injury to the injured persons. The name of the applicant came into light in the statement of injured Masqoor who has made general allegation against the applicant and other co-accused persons. No specific role has been assigned to the applicant. The co- accused Islamudding and Mohd Umar against whom there is allegation of causing injury to the injured persons have already been enlarged on bail by another bench of this court vide orders dated 22.5.2018 and 8.6.2018 respectively, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 24.11.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Zahid involved in Case Crime No.313 of 2018 under Section 147, 148, 307, 323, 504, 506 IPC Police Station Massoorie District Ghaziabad be released on bail on his furnishing a personal bond and 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.1.2019 Gss