Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18177 of 2019 Applicant :- Heyat Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Rakesh Chandra Tiwari, learned counsel, has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged by Zaida Khatoon, the wife of the deceased, against 3 persons including the applicant making general allegation for committing marpit with the deceased with axe. The informant Zaida Khatoon is not an eye witness of the alleged incident. In the first information report it has been mentioned that on the information of her son Saif Mohammad she reached on the spot and found the deceased in dead condition. Saif Mohammad is the eye witness of the alleged incident. In his statement he has stated that the co-accused Ramjan had caused injury to the deceased with a knife and the co -accused Shabbir assaulted with an axe. The role of catching hold of the deceased has been assigned to the applicant. It has been further submitted that the applicant is an old man aged about 69 years. He has been falsely implicated in this case due to property dispute. The applicant had not caused any injury to the deceased. In post mortem report four stab wounds, one lacerated wound and two abrasions have been found on the body of the deceased. No weapon has been shown in the hands of the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 1.12.2018.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that in the first information report it has been mentioned that the applicant and other co accused have committed marpit with the deceased with axe. Saif Mohammad, the son of the deceased, is eye witness of the alleged occurrence. In his statement he has stated that the co-accused Ramjan had caused injury to the deceased with knife. Sabbir has assaulted with an axe and applicant had caught hold the deceased. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Heyat Ali involved in Case Crime No. 104 of 2018, under Section 302 IPC Police Station Kon District Sonbhadra 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 he will cooperate 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 :- 30.4.2019 Gss