Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22915 of 2019 Applicant :- Mohammad Akram Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Abhinav Singh, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard Sri N.I. Jafri, learned Senior Advocate, assisted by Sri S.I Jafri, learned counsel for the applicant, Sri Abhinav Singh, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged by Shahjad, the brother of the deceased, on 22.12.2018 against unknown with averment that on 21.12.2018 at about 7-7.15 p.m. the deceased received a call on his mobile from unknown person. At this, the deceased went to collect his money from that person. Thereafter he did not return and his dead body was found near brick -kiln of one Guffur at about 9.00 a.m. In the first information report, it has been mentioned that the deceased was having mobile phone with him. The informant Shahjad in his first statement has not disclosed the name of the applicant thereafter in his second statement he has stated that the deceased was also having his ATM Card, Aadhar Card and PAN card with him. The applicant was surrendered on 8.1.2019. Thereafter, the recovery of a country made pistol used in the commission of alleged offence and Rs. 1300/- has been shown on the pointing out of the applicant. In fact, the alleged recovered money belongs to the applicant, he had not looted the money from the deceased. False recovery has been shown from the possession of the applicant. There is no direct evidence against the applicant. It has been further submitted that after the alleged recovery in the statement of Naushad it has come that the applicant and co-accused Aasu @ Aash Mohammad brought the car for servicing in which the blood stain was present. Thereafter, Ahsan, Yusuf, Saleem, Furkan, Usman, Awanish Sharma moved affidavits in which they have stated that they have seen the deceased in the car of co-accused Aasu @ Aash Mohammad. The applicant was also present in that Car. It has further been submitted that Usman is the witness of inquest but at the time of inquest he has not disclosed this fact to anyone. It has further been submitted that in fact, none had seen the alleged incident. The applicant has been falsely implicated in this case only on the basis of suspicion. It has further been submitted that co-accused Aasu @ Aash Mohammad having identical role has already been released on bail this Court vide order dated 27.5.2019 in Criminal Misc. Bail Application No. 22078 of 2019, therefore the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 26 of the affidavit filed in support of bail application. The applicant is in jail since 8.1.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the name of applicant came into light during investigation. There is evidence of last seen against the applicant. A country made pistol used in the commission of murder of the deceased and looted money Rs. 1300/- have been recovered on the pointing out of the applicant, therefore, he is not entitled for bail. Learned counsel for the complainant has placed reliance upon the judgement of the Apex Court passed in criminal Appeal No. 1175 of 2018, (State of Orissa Vs. Mahimanand Mishra) decided on 18, September, 2018.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Mohammad Akram involved in Case Crime No. 1176 of 2018, under Section 394, 411, 302 IPC Police Station Khatauli District Muzaffarnagar 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 31.5.2019 A.