Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15266 of 2018 Applicant :- Farukh Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Balkrishna Kanhere,Purushottam Maurya Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that some unknown persons killed Ram Prakash by way of strangulation. During investigation, it was found that Mohit Koshta, Rohit Koshta, Smt. Neetu, Nisha Koshta and Kishan Lal Koshta and this accused Farukh Khan were indulged in the incident. Name of this accused was disclosed from extra-judicial confession made by co-accused Kishan Lal before complainant Hari Prakash.
It is submitted by learned counsel for the applicant that the applicant has been languishing in jail since 13.12.2016(more than one year four months) having no criminal history; he is not named in the FIR and he has been falsely implicated in the present case; case of present applicant is identical to co-accused Mohit Kosta, Rohit Kosta, Smt. Neetu, Km. Nishsa Koshta and Kishan Lal Koshta who have already been enlarged on bail by coordinate Bench of this Court and the applicant is entitled to bail on the ground of parity(Bail orders produced are taken on record); there is no legal evidence against this accused except confessional statement of co-accused Kishan Lal before complainant Hari Prakash; the incident is of night; there is no eye witness count; there is no possibility to get this case decided in short period in future; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history and his case is identical to above co-accused who have been enlarged on bail.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicant. The bail application is allowed.
Let applicant Farukh Khan involved in Case Crime No. 548 of 2016, under Section 302/34, 120-B IPC, Police Station Kotwali, District Jhansi 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 :- 25.4.2018 P.P.