Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55443 of 2019 Applicant :- Asif @ Arif Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Shri Ashok Kumar Singh as well as learned A.G.A. for the State of U.P and perused the material available on record.
This Criminal Misc. Bail Application has been filed on behalf of the applicant with a prayer that the applicant may be enlarged on bail in Case Crime No. 339 of 2014 (S.T. No. 468 of 2017), under Sections 302, 201 I.P.C., Police Station Kotwali Dehat, District Bulandshahar during the pendency of trial.
The First Information Report of this incident was got lodged against unknown persons by one Sadakat Ali alleging therein that on 05.04.2014 at about 2:30 P.M. a dead body of unknown person aged about 30 years was lying on Gulawati Road in front of Shivam Public School. It was suspected that some unknown persons has done him to death by causing injuries with bricks. Thereafter, the matter was investigated by the police. Accused persons were sent to jail.
It is submitted by the learned counsel for the applicant that the applicant is innocent and he was not named in the First Information Report. His name has surfaced along with other co- accused after about three months of the incident through extra judicial confession made to the mother of the deceased. Further submission is that in this co-accused Shahid who was assigned similar role as was assigned to the present applicant, has already been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 3869 of 2019 vide order dated 29.01.2019, a copy of bail order has been annexed at page No. 53 and 54 of the paper book. It is also submitted by the counsel for applicant that the criminal history of the applicant has been explained in para - 2 of the supplementary affidavit. The applicant is languishing in jail since 20.09.2017 and if he is released on bail, he will not Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the plea of bail parity of the applicant with co-accused Shahid.
Considering the rival submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Accordingly, bail application is allowed.
Let the applicant Asif @ Arif involved in aforesaid criminal case 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.12.2019 LBY