Waliullah @ Ajmeri @ Wasiullah v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14105 of 2023 Applicant :- Waliullah @ Ajmeri @ Wasiullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned Counsel for the applicant, learned A.G.A. and perused the record. The accused-applicant is involved in Case Crime No. 302 of 2023, under Sections 307 I.P.C., Police Station Baskhari, District-Ambedkar Nagar. It is argued by the learned counsel for the applicant that it is a no injury case. In fact the applicant himself was injured in the incident. Regarding criminal history of four cases apart from the present case, in two cases the applicant is on bail. In gangster act also, the applicant is on bail. One case of arms act was slapped upon the applicant along with the present case u/s 307 I.P.C. The applicant is languishing in jail 27.9.2023, hence, the prayer is made accordingly. Learned A.G.A. opposed the prayer for bail of the applicant and submitted that a pistol of 315 bore with a cartridge was recovered from the possession of the applicant, at the time of the incident. It is admitted fact that by the firing of the applicant no injury was caused to any of the police personnel. The applicant is in jail since 27.9.2023. The criminal history of the applicant has been explained in the affidavit filed in support of the bail application. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let the applicant Waliullah @ Ajmeri @ Wasiullah who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 30.11.2023 Gss High Court of Judicature at Allahabad, Lucknow Bench