Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30129 of 2019 Applicant :- Babloo @ Mohd. Sajid Saif Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 4.3.2019 (after two days of incident) against Kashif alleging that on 2.3.2019, he abducted Raja aged about 20 years, son of complainant, later on dead body was recovered receiving two injuries on neck and hyoid bone was found fractured. During investigation, names of Babloo (applicant) and Ikbal were surfaced and it was found that there was illicit relation between deceased and wife of Kashif due to which Kashif killed the deceased with the help of other accused persons. One stick (danda) was recovered at the pointing out of applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation on the basis of suspicion only. Recovery was falsely planted by the police to show his good work. There is no independent witness and no legal & cogent evidence against the applicant except the confessional statement of co-accused Kashif before the police personnels. Motive is against co-accused Kashif. Main role of assault was assigned to co-accused Kashif. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 7.4.2019 (more than three and half 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 ft case for bail. Hence, the bail application is hereby allowed.
Let applicant Babloo @ Mohd. Sajid Saif involved in Case Crime No. 87 of 2019, under Sections 364, 302, 201 IPC, Police Station Kotwali, District Budaun 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 fxed, 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 :- 30.7.2019 A. Singh