Single judge allowed bail to Chand Babu Ahmad in a police firing FIR where he was accused of firearm injuries and fleeing the spot, finding he made out a case due to lack of prior history and similar role of co-accused.
Release on bail with personal bond and two sureties subject to standard conditions of not tampering with evidence or intimidating witnesses.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6463 of 2018
Applicant :- Chand Babu Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Singh Patel,S. Rashid Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Raees Ahmad, Abi Prakash Tiwari, Firoz Ahmad, Chand Ahmad, Deepu Yadav, Dilshad and Naushad; in a police firing case on 7.12.2017 Raees Ahmad, Abi Prakash Tiwari & Firoz Ahmad were arrested with some countrymade pistol, cartridges & some narcotics and Chand Ahmad, Deepu Yadav, Dilshad and Naushad fled away from the spot; they also fired at police personnels; one accused Raees Ahmad and Constable Mohd. Qasim received firearm injuries.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; there is no previous criminal history; except Raees Ahmad nobody received injury caused by police personnels; prosecution story is unnatural; there was no independent witness; the applicant is languishing in jail since 22.12.2017(near about two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Firoz Ahmad has been granted bail by this Court on 5.2.2018 vide Criminal Misc. Bail Application No. 4155 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Chand Babu Ahmad involved in Case Crime No.348 of 2017, under Sections 147, 148, 149, 307 IPC, Police Station Karari, District Kaushambi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 21.2.2018 A. Singh
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a police firing case involving severe violence.
Chand Babu Ahmad
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
