Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2551 of 2019 Applicant :- Chubhan @ Sirajudeen Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Ji Patel Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 19.01.2019.
Heard learned counsel for the applicant, Sri P.K. Singh (B.H.) appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 20.7.2018 after four days of the incident against four accused persons, namely, Vakeel, Shamsher, Chubhan and Shahrukh alleging that on 24.7.2018 Pappu, son of the complainant, had gone to participate in the marriage where some dispute was occurred with Vakeel. Later on, dead body of Pappu was found on 28.7.2018. Cause of death was found asphyxia due to strangulation.
Learned counsel for the applicant submitted that there is no allegation against the applicant except some dispute was occurred with Vakeel; there is no eye witness account, there is no legal evidence against the applicant; the applicant is innocent and has been falsely implicated in this case; applicant is languishing in jail since 01.08.2018 (more than five and half months) having no criminal history; there is no independent witness 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 fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chubhan @ Sirajudeen involved in Case Crime No. 282 of 2018, under Section 302 & 201 IPC, Police Station-Nichlaul, District-Maharajganj 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 :- 21.1.2019 OP