Allahabad High Court
Mukeem vs State Of U.P. on 9 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25445 of 2019
Applicant :- Mukeem
Opposite Party :- State Of U.P.
Counsel for Applicant :- Tufail Hasan
Counsel for Opposite Party :- G.A.,Akhilesh Kumar
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Jeetu, Munkeem, Sobi, Dinesh and Hariom alleging that on 27.3.2019 they assaulted Sher Nabi and Dinesh shot fire at Sher Nabi, he received one gun shot injury on chest, resultantly died.
It is submitted by learned counsel for the applicant that co-accused namely Sovi has been granted bail by co-ordinate Bench of this Court vide order dated 13.6.2019 in Criminal Misc. Bail Application No. 24125 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There are general allegations against all accused persons except co-accused Dinesh. Main role of firing was assigned to co-accused Dinesh. The case of applicant is distinguishable from co-accused Dinesh. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 15.4.2019 (more than two and half months) criminal history of four cases has been properly explained 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 criminal history has been explained and the case of present applicant is identical to co-accused Sovi who has 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 applicant Mukeem involved in Case Crime No. 101 of 2019, under Sections 147, 148, 149, 302, 506 IPC, Police Station Ghiror, District Mainpuri 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
A. Singh
