Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29210 of 2021 Applicant :- Abrar Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 4.10.2020, informant was loading bricks on the trolley. In the meantime at about 3:30 p.m., Jitendra @ Laddu along with two other co-accused persons came there by motorcycle and asked her liquor to drink on which informant denied. They started to quarrel at which her husband, Amar Nath came there and made interruption. Abrar Ali caught hold of her husband with Jitendra and Jamwant stabed with knife as a result he died.
It is submitted that applicant is innocent and he has falsely been implicated in the present case on account of village partybandi. He has not committed any offence. Nothing has been recovered from his possession. There was no motive or intention to commit the alleged offence. Role of catching has been assigned to this applicant. Specific role of stab with knife has been given to co-accused, Jamwant and knife has also been recovered on his instance. There is no criminal history against the applicant. The applicant is languishing in jail since 6.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that this applicant has also shared the common intention of all in furtherance of which death was caused by Jamwant. Applicant also caught the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that role of catching has been assigned to the applicant and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Abrar Ali involved in Case Crime No. 172 of 2020, under Sections 302, 323, 504, 506 and 34 I.P.C., Police Station Tarkulwa, District Deoria, be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Arif