Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45932 of 2017 Applicant :- Zahid And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Om,Akash Khare Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicants as well as Sri Abdul Majeed, learned A.G.A. for the State and perused the material on record.
The present bail application have been moved for enlarging the applicants Zahid and Mazid on bail in Case Crime No. 273 of 2010, under Sections 147, 302/149, 307/149 I.P.C., PS-Hapur Dehat, District-Ghaziabad.
It is contended by learned counsel for the applicants that applicants have been falsely implicated in this matter. It is further contended that only role assigned to the applicants in the F.I.R. is of catching hold of the deceased whereas co-accused Yusuf is said to have caused the fatal fire arm injury on the deceased. It is next contended that co-accused Abid Ali, Aflatoon and Yusuf have already been granted bail by this Court vide orders dated 20.09.2010 and 07.12.2011 passed in Criminal Misc. Bail Application Nos. 26100 of 2010 and 31612 of 2010 respectively. It is lastly submitted that applicants are in jail since 25.10.2017 and they have no previous criminal antecedents.
On the other hand learned A.G.A. has opposed the prayer for grant of bail to the applicant but admitted that co-accused Abid Ali, Aflatoon and Yusuf have already been granted bail by this Court and applicants have no any criminal antecedents.
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 applicants are entitled to be released on bail.
Let applicant Zahid and Mazid be released on bail in the aforesaid case crime on their furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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 :- 27.11.2017 AKT