Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3869 of 2019 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Crux contention raised on behalf of the applicant before this Court is that no case, whatsoever is made out against the applicant and no credible evidence is emerging against the applicant. Neither there is evidence of last seen/theory nor is there any connecting evidence which may bring the applicant with the purview of Section 302 I.P.C. It is a case of circumstantial evidence and all the chains are scattered and cannot be linked so as to prove guilt of the applicant. The applicant is innocent and has been falsely implicated in this case. Criminal history of the applicant has been explained under paragraph no.12 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 09.09.2017.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Shahid involved in Case Crime No.339 of 2014, under Sections 302, 201 I.P.C., Police Station Kotwali Dehat, District Bulandshahr be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 rkg