Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2088 of 2019 Applicant :- Jahiruddin Alias Fanua Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Saxena,Sanjeev Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, be taken on record.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Submission of learned counsel for the applicant is that at the initial stage nobody was nominated in the FIR by name. Subsequently the co-accused Kaleem and Saleem were arrested and the applicant's complicity surfaced in the crime on the basis of the statement of the aforesaid co-accused. No incriminating article has been recovered from the possession of the applicant or on his pointing out. Smt. Asma the wife of the deceased has not disclosed the name of the applicant in her statement recorded under section 161 Cr.P.C. It has further been submitted that the applicant has not committed the alleged offence. The applicant has falsely been implicated in the present case. Co- accused Bhoora having identical role has been released on bail vide order dated 3.12.2018 in Criminal Misc. Bail Application No. 42767 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit filed in support of the bail application. The applicant is in jail since 13.9.2018.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Bhoora having identical role has already been enlarged on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Jahiruddin Alias Fanua involved in Case Crime No. 420 of 2018, under Sections 147, 148, 149, 302, 324 IPC, P.S. Gurusahai ganj, District Kannauj 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 co-operate 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 :- 30.1.2019 A.