The court granted bail to the applicant (Shahanwaz) accused under sections 147, 148, 149, 307 and 323 IPC, finding reasonable apprehension of witness tempering and prima facie satisfaction regarding the reformative theory of punishment.
Released on bail by furnishing a personal bond with two sureties each in the like amount.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29214 of 2018
Applicant :- Shahanwaz Opposite Party :- State Of U.P. Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Awadhesh Kumar Mishra, learned counsel for the applicant and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that as per statement of witnesses no specific role has been assigned to the applicant and the specific role of firing has been assigned to another co-accused namely Satish @ Mulla. It is also submitted that the co-accused Hina @ Fatima has already been granted bail by this Court vide order dated 16.07.2018 in Criminal Misc. Bail Application No. 26385 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.05.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Shahanwaz involved in Case Crime No. 556 of 2018,
under Sections 147, 148, 149, 307 & 323 I.P.C., Police Station Loni, District Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 3.8.2018 Arti
2 issues framed by the court
Whether the applicant is entitled to bail in a case punishable under Sections 147, 148, 149, 307 and 323 IPC.
Whether the applicant has established a prima facie satisfaction to release on bail despite the severity of punishment.
1 provisions across 1 enactments
Shahanwaz
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
