Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45827 of 2018 Applicant :- Khursheed Opposite Party :- State Of U.P. Counsel for Applicant :- Anvir Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anvir Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 247 of 2018, under Sections 302 I.P.C., Police Station Bhogaon, District Mainpuri, during the pendency of trial.
Learned counsel for the applicant contends that the accused was not named in the F.I.R. The father of the informant had disappeared on 7.4.2018 regarding which a missing report was lodged at police station and, thereafter, on 10.4.2018 the dead body of the deceased was recovered from the side of road. Eleven days, thereafter, an application was given by the informant that two witnesses namely, Harishchandra and Santosh Kumar had seen the accused-applicant in company of the deceased lastly, hence they have been made accused in this case. No incriminating article has been recovered at the pointing out of the accused or from his possession. The co- accusd Dilshad Alam and Lalu @ Kamruddin have been granted bail by co-ordinate Bench of this Court vide order dated 28.11.2018 and 31.7.2018 respectively, the order of co-accused Dilshad Alam is filed today, the same is taken on record while order of Lalu @ Kamruddin is pate page no. 44, hence parity is also claimed. Applicant has no previous criminal history. The applicant is languishing in jail since 13.8.2018. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that no incriminating article has been recovered at his pointing out or from his possession, he was not named in the F.I.R., co-accused have been granted bail, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Khursheed involved in aforesaid crime 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 that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.11.2018 A.P. Pandey