Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30075 of 2019 Applicant :- Saddam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Singh,Akash Mishra Counsel for Opposite Party :- G.A.,Amit Kumar Verma
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 6.4.2019, some unknown persons killed Rashid. According to postmortem report, five injuries were found on the body of deceased. During investigation, names of Jamshed, Momeena, Uvaidurrehman, Furkan and Saddam were surfaced and it was found that there was illicit relation between Momeena and deceased due to which Jamshed (husband of Momeena) killed the deceased with the help of other accused persons. According to postmortem report, cause of death could not be ascertained, viscera was preserved and hyoid bone was found fractured. One knife each was recovered at the pointing out of Jamshed and Udaidurrehman but no incised wound was found on the body of deceased.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation on the basis of suspicion. There is no independent witness and no legal evidence against the applicant except confessional statement of co-accused Jamshed before the police personnels. Motive is against the co-accused Jamshed. Main role of assault was assigned to co-accused Jamshed. Offences levelled against the applicant are not attracted in the present case. Nothing was recovered from the possession of applicant. He is languishing in jail since 21.5.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Saddam involved in Case Crime No. 67 of 2019, under Sections 302, 201 IPC, Police Station Dilari, District Moradabad 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 :- 30.7.2019 A. Singh