Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40621 of 2018 Applicant :- Irfan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.1515 of 2015, under Sections 302, 201, 394 & 411 IPC, Police Station Indrapuram, District Ghaziabad,, with the prayer to release him on bail.
Learned counsel for the applicant submits that the inquest and post- mortem of the deceased was conducted as unknown. After post-mortem of the deceased Chowki Incharge Pramod Kumar lodged an F.I.R. on 16.10.2015 against unknown. After eleven months of the alleged incident, the name of applicant came into light in the confessional statement of co- accused Hasmuddin. It is said that mobile of deceased was recovered from co-accused Hasmuddin. Thereafter, recovery of one finger ring has been shown on the pointing out of applicant from his house. Except this there is no other cogent evidence against the applicant. There is no direct evidence against the applicant. The applicant has not committed the alleged offence. False allegation has been made against the applicant. The criminal history of the applicant has been explained in para 22 of affidavit filed in support of bail application. The applicant is in jail since 30.01.2015. The other co- accused Yusuf, Sushil @ Sunil and Shahruk whose names also saw light of the day after eleven months of the incident in the confessional statement of the co-accused, have already been enlarged on bail by the coordinate Benches of this Court vide orders dated 15.7.2016, 4.8.2016 & 12.7.2017 passed in Criminal Misc. Bail Application Nos.23276 of 2016, 26170 of 2016 and 10040 of 2017.
Per contra, learned A.G.A. vehemently opposed the bail prayer and submitted that the applicant has long criminal history of nineteen cases to which learned counsel for the applicant submits that all the cases have been clamped on the applicant after his arrest in which the Police could not workout the cases. It is also pointed out that other co-accused also had criminal history who has been enlarged on bail.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Irfan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 Hasnain