Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25586 of 2019 Applicant :- Anees Ahmed Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Mohd. Afzal, learned counsel for the applicant and Sri Mithlesh Kumar, learned AGA appearing for the State and perused the record.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.638 of 2018, under Section 302, IPC, Police Station Seohara, District Bijnor.
I have perused the FIR as well as the order by means of which the bail application moved on behalf of the applicant has been rejected.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case by alleged presumed motive; that he was not named in the FIR, even in the first statement of the first informant or his brother, he was not named; that subsequently in the second statement, he has been named only on the basis of suspicion and the words used in the said statement of Usman it is stated that "Huma Puri-2 Umid Hai Ki Anees Ne He Mera Bhai Ki Hatya Ki Hai"; that the same facts is also elaborated in the statement of Furkan; that the further contention is that thereafter, on the basis of sole confession statement, he has been further implicated in the present case, by showing the recovery of a Chapar, from the road side. The further contention is that the applicant is in jail since 16.01.2019.
Learned AGA appearing for the State has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Anees Ahmed involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 29.11.2019 VKG