Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3763 of 2019 Applicant :- Mohd Shamim @ Dhoni @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Naseem Ahmad,Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. The F.I.R. was lodged against one Jagveer. Showing the arrest of the applicant and two other co -accused on 14.7.2018 after 44 days of the alleged incident the applicant has been falsely implicated in this case only on the basis of confessional statement of the applicant and the co -accused Mustafa and Sadre Alam @ Naim. A recovery of an iron pipe used in the commission of murder of the deceased has been shown on the joint pointing out of applicant and the other co-accused from an open place. False recovery has been planted against the applicant. There is no direct evidence against the applicant to connect the applicant with the alleged offence. The applicant has not committed the alleged offence and has not sold E-rickshaw to Gabbar who has been enlarged on bail by another bench of this Court vide order dated 21.8.2018. There is no criminal history of the applicant and is in jail since 14.7.2018.
Per contra, learned AGA opposed the prayer for bail.
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 Mohd Shamim @ Dhoni @ Chhotu involved in Case Crime No.493 of 2018, under Section 302, 394, 411, 413, 414 IPC Police Station Katghar District Moradabad 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 :- 29.1.2019 Gss