Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41887 of 2018 Applicant :- Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Deena Nath Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned AGA and rejoinder affidavit filed by learned counsel for the applicant which are taken on record.
Heard Sri Rajarshi Gupta, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant is not named in F.I.R. dated 25.09.2015 and has been falsely implicated on the basis of statements of Aftab Ahmad, Afzal, Jumma, Ibney Ahmmed and Jumman recorded after a period of two years on 18.08.2017; that upon investigation, on FIR dated 25.09.2015 charge sheet was submitted against seven named accused persons, whereafter on the writ filed by wife of driver Surjeet deceased, investigation was done by crime branch with report that due to lapse of time, it is not possible to trace out the real culprits; that again further investigation was handed over to the I.O. of P.S. concerned who after recording the statements above witnesses Aftab Ahmad, Afzal etc. on 18.08.2017 submitted report that it is the case of honour killing by the first informant who is cousin brother of deceased Alkama and his associates including applicant as she was having affair with another deceased Surjeet driver and had caused insult to the family; that Aftab Ahmad etc. are persons of the group of charge sheeted accused persons; that co-accused Mazid, Faisal and Abu Bakar have been granted bail by this Court as well as other Bench of this Court vide orders dated 26.11.02018. 28.08.2018, 12.10.2018 passed in Criminal Misc. Bail Application Nos. 41315 of 2018, 32603 of 2018, 35235 of 2018 respectively who have been assigned with identical role have been granted bail; that the applicant has explained his criminal history in para 24 of the affidavit given in support of the bail application as well as in para nos. 3 to 5 of the rejoinder affidavit; that the applicant is not a previous convict and no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 07.11.2017.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Javed be released on bail in Case Crime No. 634 of 2015 under Sections 147, 148, 149, 302, 120- B, 504 I.P.C., P.S. Dhoomanganj District Allahabad on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.11.2018 M. ARIF