Applicant- Islam @ Babali, Deewan Khan and Dhumi @ Salim seek bail in Case Crime No. 1124 of 2015, under Sections 396, 412 IPC, Police Station Ujhani, District Badaun.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
It is submitted by learned counsel for the applicants that an F.I.R. was registered against unknown persons on 18.11.2015 at about 7.30 A.M. in respect of the alleged incident occurred at about 2.00 A.M. on the same night that unknown miscreants entered into the house of the complainant, caused serious injuries by hard and blunt object to him and Dharampal and looted cash and jewelleries. When Dharampal was taken to Hospital, he succumbed to the injuries. The applicants were arrested on 18.1.2016 after more than two months of the alleged incident from their houses on the basis of the confessional statement of co-accused Vedprakash, who has already been enlarged on bail by another Bench of this Court vide order dated 11.7.2016. It is further contended that the applicants have falsely been implicated in three other cases after their arrest and on the basis of confessional statement no identification parade was conducted. The applicants have falsely been implicated in this case by showing recovery of looted articles. There is no independent witness of the alleged recovery. The applicants are absolutely innocent and have not committed the alleged offence. The applicants are in jail since 20.1.2016 and have no criminal history to their credit deserves to be released on bail. In case the applicants are released on bail they will not misuse the liberty of bail.
Learned A.G.A. has contended that the applicants alongwith other accused persons committed dacoity in the house of the complainant and looted cash and jewelleries and committed murder of complainant?s friend Dharampal. In case the applicants are allowed to be released on bail, they will tamper with the prosecution evidence and flee away from the judicial process.
Having considered the submissions of the learned counsel for the parties but without expressing any opinion on the merits of the case, let the applicants Islam @ Babali, Deewan Khan and Dhumi @ Salim involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. They will cooperate in the trial bonafidely without seeking adjournments.
3. They shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.8.2016 RU