Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23358 of 2019 Applicant :- Mohd. Raza Opposite Party :- State Of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Bibhuti Narayan Singh, learned counsel for the applicant, Sri Shoiab Khan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Mohd. Raza with a prayer to enlarge him on bail in Case Crime No.395 of 2017, under Sections 302, 201 I.P.C., Police Station Brijmanganj, District Maharajganj.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the informant Vishmillah lodged FIR on 26.11.2017 against three persons, namely, Sahjad, Lal Mohammad and Taj Mohammad on the basis of an application under Section 156(3) Cr.P.C. During investigation the involvement of the named accused was found to be false. In the statement of the villagers, name of applicant along with Babloo has surfaced regarding involvement of these persons in the incident. The applicant has also confessed before the Pradhan Mohd. Safi that he has committed the offence. It is argued that the confessional statement has no legal evidence and except the statement of the villagers as well as the confessional statement of the applicant there is no other cogent evidence against the applicant. Nothing incriminating material has been recovered either from the possession of the applicant or on his pointing out. The other co-accused person, namely, Babloo @ Mohd. Ali, who is said to have helped in throwing the body in the field, has been granted bail by this court vide order dated 19.04.2019 passed in Crl. Misc. Bail Application No.16199 of 2019. Accordingly, the applicant is also entitled for bail. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 21.01.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 4.6.2019 Anand Sri./-