Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31548 of 2018 Applicant :- Mohammad Anas Opposite Party :- State Of U.P.
Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.,Raghubir Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Azhar Hussain, learned counsel for the applicant, Sri Raghubir Singh, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 82 of 2018, S.T. No. 194 of 2018, u/s 302, 201, 34 and 120-B IPC, P.S. Sikandra, District Agra with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R.; during investigation, evidence of last seen was collected against the applicant and it is stated that on the joint pointing out of the applicant and co-accused Muraslin knife used in the commission of murder of the deceased was recovered; learned counsel states that at this stage no value can be attached to the recovery of weapon on the joint pointing out of the applicant and co-accused; the applicant has no criminal history and is in jail since 2.2.2018.
Learned counsel for the informant has opposed the prayer for bail and submitted that there is evidence of taking away of the deceased by the applicant and other co-accused, which has been corroborated by the shopkeeper Ravi and further submitted that there is also recovery of weapon. However he could not dispute that it was on the joint pointing out of the applicant and Muraslin.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Mohammad Anas involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 Dhirendra/