Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38735 of 2018 Applicant :- Naushad Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Lakshman Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Naushad in Case Crime No. 681 of 2017, under Sections 364, 302, 201, 376, 511 I.P.C., Police Station- Kotwali Orai, District- Jalaun with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that in the first information report, itself, the father of the deceased has laid suspicion on the applicant and other co-accused. It is stated that there is another co-accused who used to keep evil eye on the deceased which was objected to by the first informant and had also remonstrated them, but on account of the honour of the family, he did not lodge any report. The F.I.R. was lodged after six days of disappearance of deceased. He has full faith and belief that the deceased has been done to death by the applicant and other two named co-accused. It is further submitted that there was no evidence of any kind against the applicant. However, on 20.08.2017, statement of Mohd. Jamal and Abdul Jameel was recorded under Section 161 Cr.P.C. in which they have stated that the applicant and two others had made extrajudicial confession before them. It is argued that no reliance can be placed on the statements of the above said witnesses as it is highly improbable that the applicant and other co-accused would have confessed before them in chorus. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 07.06.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Naushad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018/ Vikas