Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23177 of 2019 Applicant :- Irfan Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Sri M.P.S. Chauhan, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Irfan with a prayer to enlarge him on bail in Case Crime No.170 of 2018, under Sections 396, 397, 412 I.P.C., Police Station Pali Mukeempur, District Aligarh.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that the FIR has been lodged by informant Surendra Singh on 13.08.2018 regarding murder of Chacha Son Pal Singh and Baba Kalidas with injuries to Mahendra by unknown persons; after a period of more than 20 days from incident, injured Mahendra in his statement under Section 161 Cr.P.C. named three persons, namely, Tussi @ Tulasi, Karua @ Kali Charan and Manoj as culprits who were covering their faces at the time of incident and subsequently in his additional statement under Section 161 Cr.P.C. he has stated that he wrongly named above persons upon information by some other persons and the incident was in fact caused by applicant and six others Sabir Ali, Salman etc. who were committing mar-peet by calling each other by their names; the applicant is alleged to have been arrested along with Sabir Ali, Salman and Irfan in police party no injury encounter case on 18.9.2018 with recovery of unauthorised fire arm from him and confessional statement of applicant was recorded in police custody confessing committal of incident in question by him and his associates; the real fact is that applicant was picked from his home in the night of 16.9.2018 of which information was sent by his wife to higher authorities; subsequent statement of injured Mahendra is not admissible in evidence; confessional statement of applicant in police custody is not admissible in evidence. Criminal history of the applicant is explained in supplementary affidavit filed today which are subsequent to the lodging of present FIR. It is argued that the applicant did not participate in the incident in question and had not caused any injuries to Chacha Son Pal Singh, Baba Kalidas or Mahendra. Co-accused Yasin, having identical role, has been granted bail by this Court vide order dated 06.03.2019 passed in Crl. Misc. Bail Application No.9382 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 18.09.2018. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 7.6.2019 Anand Sri./-