Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3729 of 2021 Applicant :- Shahzad @ Shaiyyad Husain Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Perdeep Kumar Vishnoi
Hon'ble Om Prakash-VII,J.
Heard Sri Rahul Saxena, holding brief of Sri Mukesh Joshi, learned counsel for the applicant, learned A.G.A for the State as well as Sri Pradeep Kumar Vishnoi, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. Although applicant is named in the F.I.R., but it was lodged on the basis of suspicion only. None has witnessed the incident. Nothing specific was stated by the informant in the first statement. Cause of death of the deceased is ante-mortem throttling. Nothing has been recovered from the possession of the applicant. Prosecution rests its case on the basis of extra judicial confession. At this stage, learned counsel has referred to the second statement of the informant recorded by the I.O. and further submitted that applicant has never made such type of confessional statement before the informant. Referring to the second statement, it is further contended that it was made with due consultation and an afterthought only to collect evidence against the applicant. It is further argued that if entire prosecution case is taken into consideration, then also dead body of the deceased was found in the house of co-accused Nargis. Applicant has no concern with the said house nor he was involved in committing the present offence. It is further argued applicant is languishing in jail since 15.10.2020. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that dead body of the deceased was recovered from the house of the applicant itself. Referring to the site plan prepared in the matter, it is further submitted that the house in question also belongs to the applicant. He has made extra-judicial confession before the informant and has also admitted his guilt. Cause of death of the deceased is ante-mortem throttling. It is not possible that only one person would commit such type of offence. Involvement of the applicant in the present offence is apparent. He is named in the F.I.R.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Shahzad @ Shaiyyad Husain involved in Case Crime No.395 of 2020 under Section 302 IPC, Police Station Kaanth, District -
Moradabad 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. 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.
4. 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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 ss