Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20407 of 2018 Applicant :- Aqeel Shah Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh 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 prosecution case, F.I.R. was lodged on 14.11.2017 against five accused persons and these five persons assaulted Moti Ram; he received one gun shot injury, two incised wound resulting he died; during investigation it was found that all named five accused persons were not indulged in this crime; co- accused Chhote Lal was arrested by the police on 21.12.2017; he confessed alleging that he shot fire and Phool Singh assaulted with knife; the role of this accused Aqeel Shah was of catching hold.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; the role of this applicant is of catching hold only; the main role of assaulting the deceased is assigned to co- accused Chote Lal and Phool Singh; there is no independent witness of the alleged incident; the name of the present accused-applicant surfaced in the confessional statement of co- accused Chhote Lal before the police; the applicant is languishing in jail since 20.12.2017 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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.
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 Aqeel Shah involved in Case Crime No. 522 of 2017, under Sections 302, 411, 394 IPC, Police Station Jahanabad, District Pilibhit 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 :- 29.5.2018 S.K.