Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8235 of 2019 Applicant :- Juber Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.,Avnish Kumar Srivastava
Hon'ble Aniruddha Singh,J.
Sri Avnish Kumar Srivastava, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Avnish Kumar Srivastava, learned counsel for the complainant, Ms. Babita Chandra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Yunus, Babloo @ Yusuf, Juber, Samir and Shahnawaj alleging that due to love marriage between Rashid and Heena, the family members of Heena was annoyed hence on 6.8.2018 they killed Heena by indiscriminate firing. Specific role of shot fire was assigned to Babloo. The nephew of the deceased and father Shahnawaj had taken away Babloo from the spot.
It is submitted by learned counsel for the applicant that applicant is languishing in jail since 28.8.2018 (about six months) one case of criminal history has been properly explained. Except Babloo and Shahnawaj, general role has been assigned to other co-accused. No body had killed the deceased. Unknown person had shot fire on the deceased. Specific role of shot fire on the deceased was assigned against Babloo and Shahnawaj. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. There is no eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant submitted that according to statement of first informant, all accused person have shot fire indiscriminately on the deceased.
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 also admitted that Specific role of shot fire on the deceased has been assigned against Babloo and Shahnawaj.
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 Juber involved in Case Crime No. 318 of 2018, under Sections 302, 120-B IPC, Police Station Kotwali, District Meerut 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 :- 26.2.2019 OP