Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15553 of 2021 Applicant :- Furkan Opposite Party :- State of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Furkan, in connection with Case Crime No. 176 of 2020, under Section 307, IPC, Police Station Babri, District Shamli.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by the learned Counsel for the applicant that he has been falsely implicated. There is no recovery from his possession. The appellant's name has figured on the basis of statement of co-accused Nawab Ali, Rustam @ Kala, Munawwar and Intzar, who were apprehended on the spot. The applicant's name has been brought in as one amongst those who escaped the police when the others apprehended. It is submitted that co-accused Intzar, who was apprehended by the police has been admitted to bail by this Court vide order dated 04.02.2021, passed in Criminal Misc. Bail Application No.5983 of 2021, whereas co-accused Rustam @ Kaley has been admitted to bail vide order dated 27.01.2021 passed in Criminal Misc. Bail Application No.5775 of 2021. It is urged that the evidence against the applicant is no more than a confession by the co- accused and that the applicant is entitled to bail on the foot of parity, also. It is submitted that the applicant has a criminal history of six cases, which he has explained in paragraph No.8. The applicant is in jail since 29.01.2021.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant has not been arrested on the spot, the fact that the applicant's name has figured in the statements of the co-accused alone, the fact that there is no recovery from the applicant, the fact that the other co-accused apprehended by the police on the spot have been admitted to bail, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Furkan, in connection with Case Crime No. 176 of 2020, under Section 307, IPC, Police Station Babri, District Shamli, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 NSC