Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15449 of 2018 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- M J Akhtar,Shri V.M. Zaidi, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged 08.09.2017 against five accused persons, namely, Soni, Shahid, Rashid, Shakir, Sarik and one unknown person alleging that deceased Dawood was seen with this accused and later on his dead body was found.
Learned counsel for the applicant submitted that co- accused namely Rashid and Shakir have been granted bail by this Court vide order dated 13.4.2018 and 20.4.2018 in Criminal Misc. Bail Application Nos. 13722 of 2018 and 14561 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case; there is no independent witness against the applicant; there is no legal evidence against the applicant; only last seen has been shown against this accused; according to the postmortem report six injuries were found on the body of the injured i.e, lacerated would and contusion etc; no specific role has been assigned against the applicant; the deceased with all accused persons were drinking wine, thereafter the deceased was found dead; hence there is no evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 19.09.2017 (more than seven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and the case of present applicant is identical to co-accused Rashid and Shakir who has been enlarged on bail.
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 Shahid involved in the Case Crime No. 929 of 2017, under Sections 147, 302/34 I.P.C., P.S. Baraut, District Baghpat 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 26.4.2018 A. Singh