Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15682 of 2018 Applicant :- Moveen Shah Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 29/30.11.2017 at night Zahid (father of the complainant) was killed by shot fire; during investigation after two days the statement of Nanhi (wife of deceased) was recorded and she stated that due to previous enmity Yamin, Moveen with the controversy of Rohit killed the deceased; she also stated that in the hand of Yameen there was country made pistol and co-accused Moveen (maternal uncle of Yameen) was present at the time of incident; after investigation charge-sheet was submitted against Yameen and Moveen.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to maternal uncle of Yameen; the applicant has no concerned with this incident; the incident is of night; there was no source of light; after two days of the incident the wife of the deceased has stated this version with legal consultation and afterthought due to previous enmity only; no recovery has been made on the pointing out of this accused; the applicant is not named in the F.I.R; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.12.2017 (more than four and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Moveen Shah involved in the Case Crime No. 554 of 2017, under Sections 302, 452 I.P.C., P.S. Bhojpur, District Moradabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018 A. Tripathi