Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8031 of 2019 Applicant :- Khursheed @ Khurshed Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Shahrukh and Salman alleging that on 7.8.2018 they assaulted Dilshad with 'Sua' using for breaking ice. He received six injuries and died. Later on, after two months and 20 days of the incident, the name of the applicant was surfaced.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. and he is languishing in jail since 2.1.2019 (more than one and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. The name of the applicant was disclosed after two months and 20 days of the incident after thought and with due legal consultation due to previous enmity. Specific role of assault has been assigned to co-accused Shahrukh. There is no eye witness account against the applicant. There is no independent witness 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 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 the applicant Khursheed @ Khurshed involved in Case Crime No. 451 of 2018, under Section 307, 302 IPC, Police Station-Pilkhuwa, District-Hapur 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 :- 25.2.2019 OP