Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10326 of 2018 Applicant :- Javed Opposite Party :- State Of U.P.
Counsel for Applicant :- Nipun Singh,A.C.Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri A.C. Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 622 of 2017, u/s 302, 120-B IPC, P.S. Lisari Gate, District Meerut with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case on the basis of suspicion in the F.I.R.; it is stated that wife of the applicant used to talk and meet the deceased, which was not liked by the applicant on account of which he murdered the deceased; he further submitted that during investigation, name of the co- accused Jaan Mohammad @ Janu @ Samir came into light that he had assaulted the deceased by iron rod and on his pointing out iron rod was recovered; it is stated that co-accused Jaan Mohammad has been granted bail by another Bench of this Court in Bail Application no. 10258 of 2018; the applicant is in jail since 24.10.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Javed involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 Dhirendra/