Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41603 of 2021 Applicant :- Dilsher Opposite Party :- State of U.P.
Counsel for Applicant :- Nasira Adil,Mohd Zubair,Sr. Advocate Counsel for Opposite Party :- G.A.,Dhirendra Kumar Srivastava
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 14.08.2021 at about 7:40 P.M. Hisamuddin was murdered by applicant and 8 other co-accused persons with sharp edged weapon. F.I.R. was lodged by informant Imtiyaz Ahmad,son of the deceased on the same day.
It is submitted that applicant is innocent and has been falsely implicated in this case. No one has seen the occurrence. It is mentioned in the F.I.R. that deceased was murdered with some sharp edged weapon but in post-mortem lacerated wounds, contusions and abrasions were found those were caused by blunt object and not by sharp edged weapon. After post-mortem of deceased, version of prosecution witness was changed and weapon used in murder has been introduced as lathi, danda, iron rod and iron pipe which is afterthought. It is further submitted that the implication of two co-accused persons Wasim and Jamaluddin was also mentioned in the F.I.R. but as per statement of informant as well as other witnesses it was wrongful. They have stated that after death, they came to know that Waseem and Jamaluddin were not involved in causing death of the deceased whereas informant and other witnesses have stated that they have seen the incident. In this way exclusion of these two persons shows that informant and other witnesses had not seen the incident. On the joint recovery of applicant as well as other co-accused persons iron rod and danda has been recovered. It is also submitted that prior to this incident an F.I.R. was lodged by the complainant against other persons excluding this applicant and applicant also lodged an F.I.R. against the complainant as Case Crime No.38 of 2021. On account of this enmity applicant has been implicated falsely in this case. There is criminal history of one case which has been explained in Para No.28 of the bail application. The applicant is languishing in jail since 15.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that in this case applicant has also committed murder of deceased alongwith other co- accused persons. Prosecution witnesses have reiterated everywhere the name of this applicant in their statements though names of Wasim and Jamaluddin have not been taken by them in their majid statement because they were not present at the place of occurrence at the time of murder of deceased. On the joint instance of applicant and other co-accused persons an iron angle has been recovered which was used in commission of murder of deceased. Applicant had motive to commit murder of deceased on account of previous enmity, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, gravity of offence, the nature of the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dilsher involved in Case Crime No.55 of 2021, under Sections 147, 148, 149, 302, 120-B I.P.C., Police Station Dheena, District Chandauli, be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Ashok Gupta