Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49338 of 2018 Applicant :- Abdul Sattar @ Abdul Sattar Mansoori Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Tiwari,Sri O. P. Singh, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution case, in the F.I.R. allegation of firing on the deceased has been attributed to Ahmad Taukir alias Bichchhi, Mohd. Shadab, Manoj Tiwari and one unknown person. As a result of which Imtyaz Ahmad alias Sahjade died on the spot. It is alleged in the F.I.R. that accused after committing the murder shouted that they had done the job of Ahtesham Ahmad Zaidi and Abdul Sattar Mansoori ( the applicant). The accused were named in the F.I.R. merely on aforesaid basis, though admittedly they were not present at the spot when the incident had taken place. At the time of alleged incident the applicant was in Bombay. Nothing incriminating material has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that there is no other evidence against the applicant of conspiracy. The co-accused Ahtesham Ahmad Zaidi against whom the allegation of conspiracy was made has already been released on bail by another Bench of this court vide order dated 11.10.2018 in Cr. Misc. Bail Application No. 37775 of 2018 and another co -accused Sandeep Ojha who was not named in the F.I.R. and his name was shown as unknown has also been released on bail by another Bench of this Court vide order 27.10.2018 in Cr. Misc.Bail Application No. 40548 of 2018. It has further been submitted that there is only allegation of hatching conspiracy against the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 12.11.2018 Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Abdul Sattar @ Abdul Sattar Mansoori involved in Case Crime No.0011 of 2018, under Section 147, 148, 149, 302, 504, 506, 120-B, 323 IPC Police Station Phoolpur District Allahabad 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 with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018 Gss