Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53802 of 2021 Applicant :- Asif @ Kana Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Asif alias Kana, who is involved in Case Crime No. 668 of 2020, under sections 302, 201 IPC, police station Katghar, district Moradabad, is seeking enlargement on bail during the trial.
The first information report of this incident was lodged by the complainant Ramzani, against Salman and the applicant Asif alias Kana, about the death of his son, Faizan, who was aged about 18 years. It is alleged in the FIR that his son Faizan, who used to consume Charas and used to roam in the company of applicant Asif alias Kana and co-accused Salman. It is also alleged in the FIR that on 02.06.2020, the deceased Faizan had gone from his house after taking Rs.10/- from his mother, but when he was not returned till night, he was searched by the complainant in the relations. On 04.06.2020, the complainant lodged a missing report about his son. FIR further alleges that on 06.06.2020, the complainant had received an information that the dead body was lying in mortuary, which was identified by the complainant of his son. It is also mentioned in the FIR that on 02.06.2020 the son of the complainant was seen with the accused persons Salman and Asif alias Kana near river Ram Ganga. The complainant has belief that his son Faizan was killed by the accused persons.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He further submitted that the deceased and the present applicant and co-accused Salman were friends and the present applicant is having no motive to kill the deceased. Learned counsel for the applicant further submitted that the alleged recovery of knife shown from the possession of present applicant is totally fake and false as there is no public witness of the alleged recovery. Learned counsel for the applicant has also submitted that there is no direct evidence against the applicant and there is no reliable circumstantial evidence against the applicant except that the deceased was seen consuming Charas in the company of accused persons on 02.06.2020. He submitted that applicant is languishing in jail since 29.11.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail plea of the applicant and has submitted that the accused applicant is having a criminal history of three cases and earlier a case under section 4/25 of Arms Act has been lodged against the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, considering the period of detention in jail, the submission of learned counsel for the parties, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Asif alias Kana, involved in the aforesaid crime be released on bail on 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.12.2021 Sazia