Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22332 of 2019 Applicant :- Sahjad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Pankaj Rai (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 7.10.2017, father of the complainant Navab Singh was killed by shot fire by some thieves, who were tried to steal the buffalo. Later on, Debu and Gatta @ Salim were arrested by the Police personnel and they disclosed the names of co-accused Alvar, Mahboob, Shahjad and Shahrukh and they stated that they were also indulged in the crime. From the possession of Debu and Gatta @ Salim, country made pistols and empty cartridges were recovered and vehicle used in the crime, namely, Tata 407 was also recovered from them.
Learned counsel for the applicant submitted that co-accused Alvar has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 13.3.2018 in Criminal Misc. Bail Application No. 7649 of 2018 and the case of the applicant is identical from the case of co-accused, who has already been enlarged on bail; hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 2.4.2019 (about two months) one case of criminal history has been explained. In another case he is not in custody. Under Section 174 I.P.C. if there is a case, it was the duty of the I.O. to summon the accused and take him into custody. The name of the applicant was surfaced in the statement of co-accused in his confessional statement before the Police personnel. There is no recovery at the pointing out of the applicant. There is no legal evidence against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 the case of the applicant is identical from the case of co-accused Alvar, who has been enlarged on bail.
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 the applicant Sahjad involved in Case Crime No. 671 of 2017, under Section 396 IPC, Police Station Malpura, District- Agra 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 :- 30.5.2019 OP