Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29207 of 2016 Applicant :- Ashraf Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Joshi,Kartikey Singh Counsel for Opposite Party :- G.A.,Rakesh Kumar Verma
Hon'ble Rajul Bhargava,J.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the parties and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Ashraf in Case Crime No. 185 of 2013, under Sections 302, 201, 394, 411, 365 I.P.C., Police Station- Mainather, District- Moradabad with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant was not named in the first information report. The evidence against the applicant collected during investigation is of extra-judicial confession and alleged recovery of mobile of the deceased after four and half months of the incident. He further points out that till date only one prosecution has been examined. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 14.1.2014, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that there is evidence that the applicant was having illicit relations with the deceased and was instrumental for murdering her. The mobile phone of the deceased was also recovered from him. However, they could not dispute that the applicant is in jail for more than five years and only one prosecution witness has been examined till date.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and the period of detention, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Ashraf 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 court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.2.2019/ Vikas