Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2018 of 2018 Applicant :- Amir Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Kapil Tyagi
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard Sri Syed Ali Imam, learned counsel for the applicant, learned A.G.A. and Sri Kapil Tyagi, learned counsel for the informant. Perused the record.
This bail application has been moved by the applicant Amir who is involved in Case Crime No. 738 of 2017, under Sections 147, 148, 149, 302, 120-B I.P.C., Police Station-Sector 39 Noida, District-Gautambudh Nagar.
As per prosecution version, on 11.7.2017 at about 7:15 PM co-accused Sripal Bhati, Rishipal Bhati, Pradip Bhati, Rinku Bhati, Nitin Bhati, Papindra Bhati and Kalu Bhati alongwith three unknown persons fired indiscriminately on Sajan Bhati son of informant, due to which he sustained injuries and died. During investigation, in the statement of Vinod Bhati recorded on 14.7.2017 under Section 161 Cr.P.C., name of the applicant came into light. It is alleged that applicant has gathered clue from the spot before the occurrence.
Learned counsel for the applicant contends that there is no any evidence against the applicant. Applicant has been made accused in this case only on the basis of suspicion. Role of causing murder is not assigned to the applicant but to other co- accused persons. There is only one criminal history at case crime no. 266 of 2014 under Sections 363, 366-A IPC, P.S. Phase II Noida, District Gautam Budh Nagar in which he is on bail. Applicant is in jail since 16.7.2017.
Learned A.G.A., as well as learned counsel for the informant have opposed the prayer for bail and contend that on 16.7.2017 on the pointing of applicant and co- accused Pradip a country made pistol and the car used in the offence has been recovered by the police.
Considering the fact that role of causing murder of the deceased is not assigned to the applicant and also considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant-Amir, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 26.2.2018 Jaswant