Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15263 of 2018 Applicant :- Shahrukh Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Ullah,Dharam Veer Singh,Mohd Imdad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Padmakar Pandey and Sri Shadab Ali, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against unknown persons alleging that on 11.11.2017 at 6 a.m. one burnt car bearing no. UP16AN3402 having a burn dead body, is lying on Sadhu Ashram Road. The case was registered for the offence under Sections 302, 201, 427 IPC. During investigation, accused Sonu was arrested by the police, he confessed and stated that he was done this incident with the help of Shahrukh (applicant) and Najmin (wife of deceased). There is illicit relation between Sonu and Najmin (wife of deceased).
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Sonu in his confessional statement before the police personnel. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. There is no legal evidence against the applicant except the confessional statement of co-accused Sonu before the police personnel. He is languishing in jail since 17.11.2017 (more than five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Shahrukh involved in Case Crime No.
445 of 2017, under Sections 302, 201, 427, 120-B IPC, Police Station Harduaganj, District Aligarh be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 A. Singh