Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22918 of 2019 Applicant :- Abdul Rahim Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Abdul Rahim, who is involved in Case Crime No. 273 of 2018, S.T. No. 716 of 2018, under Section 302 I.P.C., P.S. Tronica City, District Ghaziabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that first bail application was dismissed as not pressed and this is the second bail application of accused applicant, who is languishing in jail since 23.04.2018. The first information report was got lodged for offence of murder on report of Smt. Shahnaz against unknown assailant on 20.04.2018 at 11.09 AM with specific contention that her son Mohd. Ashfaq was sleeping at roof, whereas she along with her family members including applicant was sleeping at down floor in the intervening night of 19/20.04.2018. At about 4.30 AM, when she woke up, it was found that Mohd. Ashfaq was lying dead having pool of blood over his head. It was applicant, who gave information to neighbourers as well as Dial 100 and was present near dead body, when this report was presented at police station. Subsequently, he was implicated as accused in this case. All witnesses of fact examined before trial Court have said the contention, which was said in first information report and they have not supported prosecution in proving accusation against applicant. Accused applicant is of no criminal antecedent. Hence, bail during trial has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but has admitted factual aspect that each of the witnesses examined before trial Court have not supported case of prosecution. It was a murder, for which F.I.R. against unknown was got lodged.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Abdul Rahim, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.7.2019 NS