Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20344 of 2018 Applicant :- Rashid @ Chalta Firta Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava 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 31.8.2014 Shanti Devi was killed by unknown persons and her ornaments were looted. During investigation, names of Rashid @ Chalta Firta, Goli @ Yushuf and Shahid were surfaced on the second statement of complainant dated 17.9.2014 recorded under section 161 Cr.P.C. and later on, they were arrested by police. One countrymade pistol & two live cartridges each from Rashid @ Chalta Firta & Shahid and one gold ornament from Goli @ Yushuf were recovered. Name of Smt. Meena was disclosed later on by Rashid @ Chalta Firta.
Learned counsel for the applicant submitted that Smt. Meera has been enlarged on bail by coordinate Bench of this Court vide order dated 10.8.2015 passed in Criminal Misc. Bail Application No. 28727 of 2015. The applicant has been falsely implicated. He is not named in the FIR and he is languishing in jail since 22.9.2014 (more than three years & eight months) having no criminal history. Recovery of countrymade pistol has been falsely planted by the police. No proceeding of identification of person and property was done. There is no cogent evidence against this accused. There is no eye witness account. There is no possibility to get this case decided in near future. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 applicant Rashid @ Chalta Firta involved in the Case Crime No.610 of 2014, under Section 394,302, 411 IPC, P.S. Murad Nagar, District Ghaziabad, 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:
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 :- 29.5.2018 P.P.