Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15057 of 2018 Applicant :- Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Pal Singh Jadaun,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Nazrul Islam Jafri, learned counsel for the applicant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 12th January, 2018 at 5:34 p.m. by the complainant/informant Devindra Man brother of the deceased Jitendra Man against unknown persons alleging that on 12th January, 2018 at about 01:00 p.m. the complainant was informed about the death of his brother and his dead body was lying in his flat. On said information, when he entered into his flat along with other relatives, he saw that the dead body was lying on the floor of the flat. Some blood were oozing on his head, he was killed by some one. The case was registered under Section 302 of the Indian Penal Code. During investigation, it was found that there was an illicit relation between one Smt. Shrishti Gupta and the deceased. The deceased during the relation had obtained some photographs and videos of Shrishti Gupta, hence a quarrel was started between them, thereafter Smt. Shrishti Gupta had made illicit relationship with the applicant Imran.
From the CC TV footage, it was found that on 10th January, 2018 between 12:00 to 04:15, Shrishti Gupta was available in the flat of the deceased. She entered into the flat at 12 and returned at 04:15. On 17th January, 2018, Smt. Shristi Gupta, the applicant Imran and Nafeesh (driver of Imran) were arrested by the police. One country made pistol was recovered from the applicant. Blood stained Jeans, keys of flat and one mobile phone were recovered from Shrishti Gupta. They confessed before the Police. After investigation charge-sheet was submitted under Sections 302 and 120-B of the Indian Penal Code against Shrishti Gupta and under Section 120-B against Imran and Nafeesh only.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to so called friendship with Shrishti Gupta. No specific role is assigned against the applicant. There is no legal evidence except confessional statement of the Shrishti Gupta and the applicant before the police. So called recovery of pistol was planted by the police. It is stated that the fact as to whether murder of the deceased was done by the said pistol or not is not established. He is not named in the first information report. This case is based on circumstantial evidence and no chain has been established against the applicant. There is general allegation against the applicant. Main role is assigned to co-accused Shrishti Gupta. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. The prosecution case is based on suspicion so far as the applicant is concerned. He is languishing in jail since 18th January, 2018 (more than three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Imran involved in Case Crime No. 40 of 2018, under Sections 302 and 120-B of the Indian Penal Code, Police Station Surajpur, District Gautam Budh Nagar, 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 she is accused, or suspected, of the commission of which she 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 her 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-