Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49262 of 2021 Applicant :- Saleem Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Daga,Sandeep Kumar Srivastava,Santosh Kumar Chaubey Counsel for Opposite Party :- G.A.,J.B. Singh
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.439 of 2020, under Sections 302, 120-B I.P.C., Police Station Hasanpur, District Amroha, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) Although, the applicant is named in F.I.R. but he has no concern with the present case. The present F.I.R. has been lodged on the day of incident against the applicant along with other co- accused persons.
(iii) The applicant is not an eye witness of killing the victim. As per statement of informant recorded under Section 161 Cr.P.C., he had seen four persons ran away from the spot out of whom fourth person is not known to him.
(iv) Recovery of Katta has been made by police from the possession of Kalim but nothing has been recovered from the possession of the applicant or his pointing out.
(v) Co-accused Tasleem @ Bhola has already been granted bail by co-ordinate Bench of this Court vide order dated 08.09.2021 in Criminal Misc. Bail Application No. 4588 of 2021 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
(vi) Applicant is in jail since 25.10.2020. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, role of applicant, injury found on the person of deceased, manner in which the incident took place, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Saleem be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 Manoj