Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17442 of 2019 Applicant :- Shakir @ Naag Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged by Salma Khan, the mother of the deceased on 11.8.2018 against unknown alleging therein that her son Avesh Khan aged about 23 years is missing since 10.8.2018. Kudrat Khan and Mohd. Afjal are said to be the witness of last seen. In the statement of Kudrat Khan it has come that the deceased was seen with four persons along with applicant. Kudrat Khan disclosed the name of the applicant and stated that Avesh Khan taking all four persons including the applicant in a car had gone somewhere. Showing the arrest of the applicant on 21.8.2018 along with co- accused Khalid, Savir and Rakib, recovery of car of the deceased, his Aadhar card and pass port have been shown on the joint pointing out of the applicant and 3 other co-accused. There is no direct evidence against the applicant, except the evidence of last seen. False recovery has been planted against the applicant. In fact the applicant and other co-accused have not got recovered the alleged car, Aadhar card and passport of the deceased. The alleged recovery has been shown after about 21 days of the alleged incident. There is no independent witness of the alleged recovery. The applicant has not committed the alleged offence and has been falsely implicated in this case. There is no criminal history of the applicant and is in jail since 21.8.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shakir @ Naag involved in Case Crime No. 592 of 2018, under Section 302, 201, 364, 394, , 411, 482 IPC Police Station Khora District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 Gss