Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14878 of 2010 Petitioner :- Ahmad Hussain Respondent :- State Of U.P. Petitioner Counsel :- A. Kumar Singh Respondent Counsel :- Govt.Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Ahmad
Hussain in case crime no.258 of 2009, under Section 307 IPC, P.S.
Quarsi, District Aligarh, with a prayer that he may be admitted to bail.
The FIR was registered with regard to the incident which is said to have
taken place at 6:00 pm on 8.3.2009 with the allegation that the applicant
had fired upon the injured-complainant on account of which he had
sustained injuries. Thereafter he was taken to hospital by his brother-in-
law who was accompanying him at the time of the incident.
It is contended by the learned counsel for the applicant, that the FIR has
been lodged on 9.3.2009 at 11:00 pm, whereas the incident is said to
have taken place on 8.3.2009 by the injured himself. The entire
prosecution story is absolutely false and concocted, frivolous and vague
allegations have been made against the applicant, that the applicant had
fired upon the complainant. The FIR is highly belated, though the
brother-in-law of the complainant could have lodged FIR immediately on
the same day. The injury does not corroborate with the prosecution case
about the manner of assault. The applicant has no criminal history and is
not previous convict. In case, he is enlarged on bail, he will not misuse
the liberty of bail. The applicant is in jail since 22.4.2010.
On the other hand, the learned AGA has contended that, there is active
participation of the applicant. In case, the applicant is enlarged on bail he
will misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Ahmad Hussain
involved in case crime no.258 of 2009, under Section 307 IPC, P.S.
Quarsi, District Aligarh, be enlarged on bail, on his executing a personal
bond and furnishing two heavy sureties each in the like amount to the
satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 14.6.2010
Mustaqeem.