Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Sakib Rizvi @ Aman in Case Crime No. 251 of 2019, under Sections 147, 148, 149, 302, 201, 120-B, 420, 419, 508 I.P.C., P.S.- Daurala, District Meerut.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that initially F.I.R. was lodged against unknown persons and after investigation final report was submitted; subsequently, by the order of the authorities, re-investigation was made by the police and on the basis of statement of police informer accused applicant was arrested and confessional statement was recorded by the police. It is submitted that confessional statement of the accused applicant cannot be read at this stage as it has been made to the police. It is further submitted that there is statement of the father and the deceased herself in which she has stated that she ran away by herself about which an F.I.R. was lodged, she is already married and is living happily; similar is the statement of the father, which has been attached on Page-31 of this bail application. It is submitted that except the confessional statement there is no evidence on record on the basis of which accused applicant could have been implicated in this case. It has also been submitted that on the basis of general allegation, all family members were implicated and other three accused persons namely Smt. Ishmat, Mustkeem and Musarrat have already been released on bail by the coordinate Bench of this Court vide orders dated 10.7.2020 and 3.9.2020 in Crl. Misc. Bail Application nos. 17467 of 2020 and 17267 of 2020 respectively. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 1.6.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. However, he has not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that whole case is based on circumstantial evidence and only on the basis of confessional statement, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Sakib Rizvi @ Aman be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to 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 he 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 :- 13.1.2021 Dhirendra/