Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2746 of 2019 Applicant :- Moh. Sadik @ Suhan Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Moh. Sadik @ Suhan, who is involved in Case Crime No. 1325 of 2018, under Sections 302, 120-B, 34 I.P.C., P.S. Sahibabad, District Ghaziabad, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number, in which the report was lodged against unknown assailants; applicant's name has been surfaced on the basis of confessional statement made by co-accused; there is no recovery from accused-applicant and he is having no criminal antecedents to his credit.
Learned A.G.A. vehemently opposed the prayer for bail, but it has been admitted that this report was lodged against unknown assailants; accused-applicant is having no criminal antecedents; no recovery of incriminating article is from applicant; his name has brought on the basis of confessional statement made by co- accused before police after his arrest; the confessional statement of accused-applicant is also against him and has been made to police.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Moh. Sadik @ Suhan be released on bail in Case Crime No. 1325 of 2018, under Sections 302, 120-B, 34 I.P.C., P.S. Sahibabad, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.1.2019 NS