Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49581 of 2020 Applicant :- Firasat Opposite Party :- State of U.P.
Counsel for Applicant :- Imran Khan,Viquar Mehdi Zaidi (Senior Advocate Counsel for Opposite Party :- G.A.,Daya Shanker Pandey,Mohammad Adnanul Haq
Hon'ble Om Prakash-VII,J.
Heard Viquar Mehdi Zaidi, Senior Advocate assisted by Sri M.J. Akhtar Advocate for the applicant, Sri Abhishek Pandey, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Initially, one missing report was lodged, whereabouts of the deceased could not be known, thereafter an F.I.R. on the basis of suspicion was lodged by the mother of the deceased against her daughter-in-law and one Manjoor. During investigation, informant disclosed the name of the applicant and other co-accused exonerating the accused already named in the F.I.R. It is also argued that none has seen the present incident. Recovery of skeleton was from the joint pointing out, which cannot be read in evidence. It is also argued that said skeleton is not connected with the deceased till today. No prima facie case is made out against the applicant. Learned counsel appearing for the applicant also referred to the documents annexed with the application and further argued that he is in jail since 28.09.2020. Enmity suggested by the prosecution is also not sufficient to connect the applicant with the present matter. Applicant has not committed the present offence and he was only seen by the witnesses along with the deceased on the day of incident. Thus, it was further argued that entire prosecution case is based on suspicion. Recovery is false, planted and is not supported with any independent evidence. The applicant has no criminal history. He is languishing in jail since 28.09.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as informant opposed the prayer for bail and argued that although F.I.R. was lodged against some other persons but on the basis of statement of the brother of the deceased and other witnesses, name of the applicant and other accused surfaced in the matter. There was enmity between the parties due to that reason, applicant and the other accused both have committed the present offence. Thus, a prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. 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 Firasat involved in Case Crime No. 390 of 2020, under Sections 302, 201, 364 IPC, P.S. Chhajlait, District - Moradabad 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. Further, before issuing the release order, the sureties be verified.
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 :- 29.10.2021 Israr