Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22440 of 2019 Applicant :- Dr. Yasin Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudeep Harkauli Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against Harpal Singh and Mahendra Singh. The informant and witnesses Nandan Verma, Bhanu and Sanjay have also not disclosed the name of the applicant. Thereafter, showing the arrest of the applicant and other co-accused in a police encounter case on 18.9.2018 the applicant has falsely been implicated in the present case only on the basis of confessional statement of applicant and other co-accused Sabir @ Dinesh Partap Singh. On the basis of confessional statement, the applicant has also been implicated in other cases. Except the confessional statement of the applicant and co-accused there is no other cogent evidence against the applicant.There is no direct evidence against the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that the confessional statement of applicant in police custody is not admissible in the evidence.It has further been submitted that the applicant has not committed the alleged offence. He has falsely been implicated in the present case. The criminal history of the applicant has been explained in para no. 21 of the affidavit filed in support of bail application. The applicant is in jail since 18.9.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Dr. Yasin involved in Case Crime No. 416 of 2018, under Sections 147, 148, 302, 201, 34 & 120-B IPC, P.S.
Atrauli, District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.5.2019 A.