Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23156 of 2019 Applicant :- Amir Beg Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahboob Ahmad Siddiqui,Faizul Hasan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for the applicant is that the F.I.R. was lodged by one of the sons of the deceased and one Sabbu has been cited as eyewitness of the occurrence. This Sabbu is another son of the deceased. In this F.I.R. three persons namely, Wahid Pradhan, Balveer and Pappu Musalman were nominated as accused. Further submission is that the applicant was not nominated as accused in this F.I.R. In fact,there was absolutely no allegation made in the same against the applicant either directly or indirectly. The incident is said to have taken place on 17.10.2017. Later on the aforesaid Sabbu who was an eyewitness of the occurrence is said to have moved an application to the Station In charge of Police in which the entirely different version of the occurrence was given. This application was dated 22.10.2017. In this application only two unknown persons were nominated as accused and the accused persons nominated in the F.I.R. were initially completely exonerated. Thereafter it was on 24.10.2017 that certain witnesses were introduced during the course of investigation and two of them claimed themselves as eyewitnesses of the occurrence and the applicant was named as accused at that late stage.Submission is that there is hardly any justification as to why those so-called eyewitnesses kept mum all these days and they did not think it proper to inform the police either about the names of the accused or about the fact of their being the eyewitnesses of the occurrence. Submission is that there is no adequate or convincing explanation regarding inordinately belated lodging of the F.I.R. and in the aforesaid background of the case the complicity and implication of the applicant appears to be highly doubtful. Contention is that at any rate, at least a prima facie case for bail in favour of the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 26.10.2017 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Amir Beg involved in Case Crime No.478 of 2017 (S.T. No. 140 of 2018), u/ss 302 and 506 IPC, P.S.-
Bhojpur, District- Moradabad be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 3.6.2019 CPP/-