Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15955 of 2018 Applicant :- Kamil Opposite Party :- State Of U.P.
Counsel for Applicant :- Lihazur Rahman Khan,Araf Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against three accused persons, namely, Asim, Shaba and Kamil alleging that the wife of the complainant Smt. Rekha was working as maid in the house of Asim and Kamil and on 12.04.2016 her dead body was found in the house of Asim and Kamil.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; accused Asim and Kamil are not residing at the house where the deceased was maid, the key of house was with the deceased Rekha and someone came into the house and assaulted her, resultantly she died; during trail complainant Mukesh Kumar (P.W.1), Santosh (P.W.2) and Raj Kumar (P.W.3) have been examined before the trial court and they have not supported the case of prosecution and turned hostile; the F.I.R. was lodged due to some enmity; hence there is no evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 13.04.2016 (more than two years) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and also admitted that all the witnesses of fact have not supported the case of prosecution and turned hostile.
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 the applicant Kamil involved in the Case Crime No.173 of 2016, under Sections 302, 376-A, 120-B I.P.C. and Section 3(2)5 SC/ST Act, P.S. Civil Lines, District Aligarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018 A. Tripathi