Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40898 of 2019 Applicant :- Zulfeqar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Zulfeqar with a prayer to release him on bail in Case Crime No. 245 of 2018, under Sections 147, 148, 323, 332, 353, 224, 336, 307 IPC,Section 7 Criminal Law Amendment Act , 3/5/8 of Prevention of Cow Slaughter Act and 3 Prevention of Damages of Public Property Act Police Station Azeem Nagar, District- Rampur, during pendency of trial.
It is further submitted that applicant was granted bail by this court on the ground that co-accused Shafeeq Ahmad was granted bail by this court in Criminal Misc. Bail Application No. 28261 of 2019 by order dated 16.7.2019.
Thereafter it was discovered that name of the applicant was not Zulfekar @ Chamoli but was only Zulfekar. He applied for correction of his name before the court below and correction was made by the court below on 26.7.2019. Thereafter applicant again approached this court praying for correction of the bail order granted to him on 16.7.2019 but this court by order dated 2.8.2019 directed him to file fresh bail application.Hence this application.
The submission is that applicant has been falsely implicated in this case. There is parity with co- accused Shafeeq Ahmad, who has been granted bail by this court. The applicant is languishing in jail since 18.2.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 Atul kr. sri.