Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34417 of 2019 Applicant :- Javed Siddiqui Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 5.10.2018 (after ten days of incident) against two accused persons, namely Javed Siddiqui, second wife of Javed Siddiqui and unknown person alleging that on 25.9.2018 they killed Shaina (sister of complainant/first wife of applicant) and sent the dead body by private ambulance to Jannat ante (mausi of deceased). According to postmortem report cause of death was found smothering and hyoid bone was found intact.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged after ten days of incident the applicant due to first husband of deceased after thought and due legal consultation on the basis of suspicion. There is no motive against the applicant. Nothing was recovered at the pointing out/from the possession of applicant. Some unknown persons killed her. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 18.6.2019 (more than two 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 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 applicant Javed Siddiqui involved in Case Crime No. 1102 of 2018, under Sections 302, 201 IPC, Police Station Sadar Bazar, District Agra 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 he is accused, or suspected, of the commission of which he 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 him 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.
Order Date :- 26.8.2019 A. Singh