Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43812 of 2020 Applicant :- Sahjad @ Sukha Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Sahjad @ Sukha with a prayer to enlarge him on bail in Case Crime No. 292 of 2019, under Sections 302, 34, 201, 120B I.P.C., Police Station Kotwali Nagar, District Bulandshahar.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that the police after investigation has already submitted charge sheet against the applicant, hence, there is no question of accused influencing the investigation. It has further been submitted that the present case is totally based on the confessional statement of the accused-applicant, which was made during police custody. It has been submitted that nothing incriminating has been recovered from the possession of the applicant. In respect of criminal history, learned counsel for the applicant has submitted that the applicant has a criminal history of about 12 cases and in most the applicant has already been released on bail. Only in two cases including the present case, the bail application has been moved. Learned counsel for the applicant has submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 29.05.2019, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter. However, he has conceded that the only evidence available against the accused-applicant is his confessional statement made before the police.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 sailesh