Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48197 of 2018 Applicant :- Arman Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated in FIR dated 07.03.2018, for murder of Paigam; that as per averments made in FIR, deceased was fetched by co-accused Chunna for working at brickkiln at 10:30 a.m. on 07.03.2018 and accused persons allegedly caused death of Paigam at about 01:00 a.m.; that there is no incriminating evidence against applicant in this case is based on circumstantial evidence; that in his statement under Section 161 Cr.P.C., wife of deceased has stated that deceased was called by co- accused Zeeshan by phone call; that recovery of fire arm at the pointing of applicant on police custody remand after a period of 22 days of incident from public place has been falsely planted, of which, there is no independent witness; that case of applicant is identical to co-accused persons namely Chunna, Furkan, Zeeshan, Pappu Khan and Nafees who have been granted bail by the other Bench vide orders dated 11.12.2018, 26.10.2018, 12.12.2018, 01.08.2018 and 18.08.2018 passed in Criminal Misc. Bail Application Nos. 46377 of 2018, 38707 of 2018, 44490 of 2018, 28720 of 2018 and 31105 of 2018 respectively, copies produced for perusal are taken on record; that applicant has explained his criminal history in paras 20 to 24 of affidavit given in support of bail application; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 23.03.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Arman be released on bail in Case Crime No. 60 of 2018 under Sections 147, 302, 120B I.P.C., P.S. Harduaganj District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.12.2018 M. ARIF