Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49845 of 2021 Applicant :- Salauddin Opposite Party :- State of U.P.
Counsel for Applicant :- Aushim Luthra,Atharva Dixit Counsel for Opposite Party :- G.A.,Prabhat Pandey,Santosh Kumar Singh,Syed Wajid Ali
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Manish Tiwari and Atharva Dixit, learned counsel for the applicant, Sri Prabhat Pandey, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 25.06.2021 at about 7:00 P.M. informant was going to National Dhaba with his brother Mushtaaq by Alto Car meanwhile Scorpio car bearing no.25 AZ 3051 overtook their car and applicant alongwith other co- accused persons came out of their car and started firing out of which Sahil @ Bhura shot Mushtaaq with his rifle and as a result he died on the spot.
It is submitted that applicant is innocent and has been falsely implicated in this case. No any specific role has been assigned to this applicant. He has not caused any injury to anyone. All the prosecution witnesses have reiterated the name of Sahil @ Bhura as the person who fired upon the deceased. No one has assigned this role to the applicant. There is no any criminal history against this applicant. The applicant is languishing in jail since 28.06.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that applicant was also in company of other co-accused persons and all of them opened fire on the deceased in prosecution of common object of all, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that specific role has been assigned to co-accused Sahil @ Bhura to make fire on the deceased by which he died and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Salauddin involved in Case Crime No.259 of 2021, under Sections 147, 148, 149, 302, 307, 504, 506 & 34 I.P.C., Police Station Bitharichainpur, District Bareilly, be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Ashok Gupta Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.22 10:53:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad