Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10590 of 2016 Applicant :- Saddam Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas,Gautam,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 423 of 2014, u/s 302 IPC, P.S. Gangoh, District Saharanpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he has been falsely implicated in this case by the first informant on account of enmity; he was not nominated in the F.I.R. which was registered against unknown persons. Then after three days of the incident the first informant moved an application before the S.H.O., Gangoh that after making frantic search he has learnt that the incident has been witnessed by Nausad son of Ahsan and Rizwan son of Maseeta; the statement of the alleged eye witnesses was recorded after two months; it is stated that infact both the witnesses are closely related to the first informant and they have been shown as witnesses, who had identified dead body of the deceased as indicated in the post mortem report at page-34; both the alleged eye witnesses are resident of same village; the applicant is in jail since 24.7.2014; it is further submitted that as per the certified copy of the order-sheet of the trial court, no prosecution witness has turned up till date.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant is main accused to whom role of firing on the deceased has been attributed. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Saddam involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 Dhirendra/