Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8681 of 2018 Applicant :- Mohd Abbas Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, First Information Report was lodged 26.7.2017 against Parvindra on the basis of suspicion alleging that on 21.7.2017, the husband of the complainant-Madhu, Gaurav Kumar, was last seen with the co-accused; subsequently dead body was recovered on 27.7.2017 on the pointing out co-accused Parvindra; four lacerated wounds were found on the dead-body of the deceased, resultantly he died.
Learned counsel for the applicant submitted that co-accused Parvindra has been enlarged on bail by this Court vide order dated 5.3.2018 in Criminal Misc. Bail Application No. 7697 of 2018; the case of the applicant is better footing with the other co-accused, who have been enlarged on bail; recovery of 'Katta' and iron rod has been planted by the police; there is no eye witness account or independent witness against the applicant; having no criminal history; the role of the applicant is not distinguishable with the role of co-accused; the applicant has been falsely implicated in the present case; he is languishing in jail since 26.7.2017 (more than 10 months). If the applicant is released on bail, he would not misuse the liberty of bail.
On the other hand, learned A.G.A. has vehemently opposed the bail prayer of the applicant stating that there was motive for the present accused to murder the deceased. There is evidence of last seen of three witnesses suggesting involvement of the present accused, having no criminal history; it is a case of circumstantial evidence.
In view of the above arguments, looking to the fact that there is delay in lodging the FIR and being a case of circumstantial evidence, there is no direct evidence against the present accused, having no criminal history, taking into consideration the nature of offence, quantum of punishment, period of detention in jail and without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Mohd. Abbas involved in Case Crime No. 857 of 2017, under Sections 302 & 201 I.P.C., 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 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 :- 30.5.2018 OP