Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15186 of 2018 Applicant :- Shakeel Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Krishna Dev Mishra,Rahul Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri D.S. Chauhan and Sri Raj Singh, Advocate on behalf of complainant are 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 on 27.11.2017 against three accused persons, namely, Arsi., Shakeel and Sazid; alleging that on 26.11.2017 Shakeel and Sazid called deceased Shashi Bhushan from his house to accompany them and Arsi shot fire at Shashi Bhushan who died resultantly.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Sazid who has already been enlarged on bail by this Court vide order dated 9.4.2018 passed in Criminal Misc. Bail Application No.12706 of 2018 and the applicant is entitled to bail on the ground of parity. Bail order produced is taken on record. The applicant is innocent and has been falsely implicated due to previous enmity. There is no legal evidence against the applicant. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Main role of firing was assigned to co-accused Arsi. There is no independent witness against the applicant. He is languishing in jail since 27.11.2017 (more than four & half month) 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 opposed the prayer for bail.
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 and his case is identical to co-accused Sazid who has been enlarged on bail this Court.
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 applicant Shakeel involved in Case Crime No. 938 of 2017, under Sections 302, 120-B IPC, Police Station Banna Devi, 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 :- 24.4.2018 P.P.