In Criminal Misc. B.A. No. 5025 of 2018, the Court granted bail to four applicants accused of attempting to murder police personnel, finding them a fit case for release on bond and sureties.
Applicants released on bail by executing a personal bond and furnishing two sureties each on prescribed conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5025 of 2018
Applicant :- Abid And 3 Ors. Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against accused Haji Nazrul, Faruq, Guljari, Jafeer, Liyaqat, Munnaur, Najar Husain and 200250 unknown persons alleging that they attempted to commit murder of Police Personnel by illegal arms and by throwing stones and bricks on them but no injury of fire-arm was received by the Police personnel.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; they are not named in the F.I.R; the name of the applicants were disclosed by the co-accused; no identification of the applicants were made; there is no independent witness against the applicants; the co-accused Faizil @ Fazil son of Sajid @ Sahil, Babu son of Shri Nanhey and the accused Alam, Alladiye and Iqbal have already been enlarged on bail; the role of the applicant is identical to that of the coaccused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicants are in jail since 11.10.2017 (more than four months); in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail and admitted that the role of the applicants are identical to the role of the accused who have already been enlarged on bail.
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 applicants Abid, Bari, Danish and Shafique involved in the Case Crime No. 621 of 2017, under Sections 147, 148, 149, 353, 336, 307, 332 I.P.C. and 7 Criminal Law Amendment Act and 2/3 Prevention of Damages to the Public Property Act, P.S. Nakhasa, District Moradabad be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of
which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 12.2.2018/A. Tripathi
3 issues framed by the court
Whether the applicants are entitled to bail in a case involving attempted murder of police personnel by throwing stones and bricks.
Whether parity of role with co-accused already on bail is a ground for granting bail.
What conditions should be imposed on the grant of bail in a serious criminal case involving violence.
3 provisions across 3 enactments
Abid
Bari
Danish
Shafique
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Aniruddha Singh
Parties & counsel
