Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45034 of 2017 Applicant :- Muzaffar Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against this accused applicant Muzaffar Ali alleging that on 20.6.2017 he forcibly administered poison to Aasmeen(Bhuri) who resultantly died.
It is submitted by learned counsel for the applicant that Aasmeen (Bhuri) died in her paternal house; it was impossible for this accused to enter in the house of deceased and forcibly administer poison in her mouth. The applicant has been falsely implicated and FIR was lodged after thought with due legal consultation because family members of deceased were not agree with the relation of this accused and marriage of deceased was fixed with another person, hence she consumed poison. There is no legal evidence against this accused. there is no independent witness. Accused is doing tailoring job in Delhi. He is languishing in jail since 6.7.2017(more than nine months) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicant. The bail application is allowed.
Let applicant Muzaffar Ali involved in Case Crime No. 458 of 2017, under Sections 452, 328, 302 & 506 IPC, Police Station Baheri, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 25.4.2018 P.P.