Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40033 of 2019 Applicant :- Sajid Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar 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 P. K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on the basis of an application under Section 156 (3) of Cr.P.C. against five accused persons, namely, Shahjad Ali, Shafiq, Sajid, Shadab and Aas Mohammad alleging that on 2.6.2018 they killed Shakina Begum. Dead body was found in canal. According to postmortem report, cause of death was found asphyxia as a result of ante mortem drowning.
Learned counsel for the applicant submitted that co- accused namely Shafeek has been granted bail by this Court vide order dated 11.9.2019 in Criminal Misc. Bail Application No. 32312 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Shakina Begum is the second wife of Shahjad Ali who was living separately. Even though the deceased had committed suicide herself. He has no concern with the deceased and her husband and applicant is languishing in jail since 8.8.2019 (more than one and half months) criminal history of one case has been properly explained. F.I.R. was lodged after a long time after thought and with due legal consultation. There is no legal and cogent evidence against the applicant. There is no independent witness/eye witness account 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 criminal history has been explained.
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 Sajid involved in Case Crime No. 433 of 2018, under Section 302, 201, 120-B IPC, Police Station- Kithore, District-Meerut 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 :- 30.9.2019 A. Singh