Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20515 of 2018 Applicant :- Aftab Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, the First Information Report was lodged on 29.03.2018 against unknown person alleging that on 23.03.2018 dead body of Rohit Gupta was found in District Bijnor and sent for post-mortem in District Hospital, Bijnor and according to post-mortem report, the cause of death was asphyxia due to anti mortem strangulation; ligature mark was found on the neck of the deceased.
On 29.03.2018, first information report was lodged by the wife of the deceased alleging that some unknown person has killed her husband Rohit Gupta. On the information of informer (Mukhbir), co-accused Mujib was arrested by the police and confessed in his confessional statement before the police that he killed Rohit Gupa with the help of Aftab and looted the vehicle purchased by the deceased. Role of the applicant is of catching hold; the applicant was the driver of the vehicle and from his possession one receipt of purchased vehicle and the registration certificate was found and A.T.M. Card and mobile was recovered from the possession of co-accused Mujib.
Learned counsel for the applicant submits that the applicant is languishing in jail since 8.04.2018 (one and half months), having no criminal history; the role of the applicant is of catching hold; recovery of R.C. and receipt was planted by the police. There is no eye witness account or independent witness against the applicant; he is not named in the F.I.R. except confessional statement of co-accused; there is no legal evidence against the applicant.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Aftab involved in Case Crime No. 38 of 2018, under Sections 302 and 201 IPC, Police Station Mandawali, District Bijnor be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2018 OP