Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3956 of 2019 Applicant :- Asfak @ Isfak Opposite Party :- State Of U.P.
Counsel for Applicant :- Raees Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Noorjaha, Asfaq, Mustaq, Mohd Jaibun Nesha, Jagdish and relative of Noorjaha alleging that on 27.7.2018 they assaulted Inayat, he received seven injuries, three on head, resultantly died in the house of maternal grandfather (nana) of Noorjaha.
It is submitted by learned counsel for the applicant that co- accused namely Jagdish and Mushtak Ali have already been granted bail by this Court vide order dated 4.12.2018 and 5.12.2018 in Criminal Misc. Bail Application Nos. 46227 of 2018 and 46534 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Deceased Inayat went to the house of maternal grandfather (nana) of Noorjaha (daughter-in-law of deceased) and he forcibly took away Noorjaha due to which maternal grandfather (nana) of Noorjaha and villagers assaulted him. Statement of Jaibunnisha was recovered u/s 161 Cr.P.C. and she stated that Inayat was father-in-law of Noorjaha and he forcibly established relationship with her due to which villagers and named accused persons assaulted Inayat. There was no intention or knowledge to kill the deceased. There are general role against all accused persons. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 29.7.2018 (more than six 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 applicant Asfak @ Isfak involved in Case Crime No.
215 of 2018, under Sections 147, 304 IPC, Police Station Sewarahi, District Kushinagar 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 :- 30.1.2019 A. Singh