Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48753 of 2018 Applicant :- Khursheed Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He was not named in the FIR. Offence is said to have been committed on 11.5.2018 and the FIR was lodged on the same day. Nothing was stated against the applicant about his involvement in the present matter. For the first time on 10.8.2018 in the statement of co-accused Bhoora name of the accused applicant was surfaced. Referring to the call details said to have been collected by the Investigating Officer during investigation it was further argued that Investigating Officer has not connected the said details with the mobile number of the accused applicant. It is not clear whether the said mobile number on which the applicant is said to have made call is related to the deceased or not. It was further argued that statement of accused appellant made before the police could not be read against him. It was next contended that there is no connecting evidence against the applicant. He was falsely implicated on the basis of statement of co-accused Bhoora because vehicle in question was sold to Bhoora and he was not paying the said amount. He is languishing in jail since 11.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Khursheed involved in Case Crime No. 152 of 2018, under Sections 302, 201, 34 I.P.C., P.S. Kiratpur, District Bijnor be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 21.12.2018 Sachdeva