Sharafat vs State Of U.P.
2019 Latest Caselaw 5901 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27314 of 2019
 

 
Applicant :- Sharafat
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Bharat Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.

Learned counsel for the applicant submitted that initially the applicant was named in the F.I.R. but after investigation closure report and final reports were submitted against the applicant by the Investigation Officer and vide order dated 10.4.2019 on the basis of statements of P.W.1-Latoori, P.W.2-Ramjani and P.W.3-Subhana, the applicant with other co-accused Ali Jan were summoned under Section 319 Cr.P.C. without giving an opportunity of hearing as well as cross-examination of the witnesses examined before the court. The applicant is languishing in jail since 26.4.2019 (more than two months) having no criminal history. There is no recovery at the pointing out of the applicant. There is no independent witness/eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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 applicant Sharafat involved in S.T. No. 184 of 2019, Case Crime No. 153 of 2017, under Sections 302, 201 IPC, Police Station-Bilsi, District-Badaun 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:

1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless 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 :- 9.7.2019

OP