Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20282 of 2018 Applicant :- Aslam Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, the First Information Report was lodged against unknown person alleging that on 05.03.2018, time unknown, one Mahendra Singh @ Deepu (father of the complainant) was killed and dead-body was found. During the investigation, it was found that there was an illicit relation of Vivek Kumar @ Teetu with the wife of the deceased, hence Vivek killed the deceased and dead-body was sent by Maruti Van, which was driving by accused Aslam.
Learned counsel for the applicant submits that the applicant is languishing in jail since 15.03.2018 (more than two months) having no criminal history. The applicant has been falsely implicated in the present case even though role of the accused is only to transport the dead-body hence, offence under Section 201 I.P.C. is made out against the applicant. There is no intention or motive against the applicant. Recovery of blood stained brick was found on the pointing out of the co-accused Vivek. There is no eye witness account or independent witness against the applicant.
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 and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
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 the applicant Aslam involved in Case Crime No. 219 of 2018, under Sections 302 and 201 IPC, Police Station Dibiyapur, District Auraiya 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 :- 29.5.2018 OP