Wahid And Another vs State Of U.P.
2019 Latest Caselaw 6065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24256 of 2017
 
Applicant :- Wahid And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi,Gaurav Kakkar,Kuldeep Saxena,Vijit Saxena
 
Counsel for Opposite Party :- G.A.,Kuldeep Saxena,Neeraj Kumar Srivastava,Sanjay Pathak,Surendra Kumar Tripathi,Vijit Saxena
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard Sri Raghvendra Prakash, Advocate, holding brief of Sri Gaurav Kakkar, learned counsel for the applicants, learned A.G.A. appearing for State and perused the record.

2. The present bail application has been moved by the accused-applicants for enlarging them on bail in Case Crime No. 373 of 2016, under Sections 302/34 IPC, Police Station Khurja Dehat, District Bulandshahar.

3. Learned counsel for applicants submits that applicants are named in the FIR but during trial, Informant and other eye witnesses have not supported FIR version and have been declared hostile, as is evident from statements filed along with supplementary affidavit sworn on 16.11.2018. There are no chances of applicants of fleeing away from judicial process or tampering with prosecution evidence. They undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicants are having no criminal antecedents. The applicants is in jail since 20.10.2016 and 29.09.2016 respectively and in case they are enlarged on bail, they will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicants on bail.

6. The application is allowed.

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7. Let applicants, Wahid and Nahid involved in Case Crime No. 373 of 2016, under Sections 302/34 IPC, Police Station Khurja Dehat, District Bulandshahar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicants will not temper with the evidence during trial.

(ii) The applicants will not pressurize/intimidate the prosecution witness.

(iii) The applicants will appear before Trial Court on the date fixed.

(iv) The applicants shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicants, the Court below shall be at liberty to cancel their bail.

Order Date :- 9.7.2019

KA