Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19218 of 2019 Applicant :- Shamshad Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anshul Pathak,Surya Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Anshul Pathak, learned counsel for the applicant, Sri Amit Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shamshad Khan with a prayer to release him on bail in Case Crime No.15 of 2019, under Sections 394, 307, 411 I.P.C., Police Station- Lalganj, District- Basti, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been argued that the applicant has not been named in the present FIR as it is against two unknown persons. As per the allegations made in the FIR the nephew of the informant, was coming on his motorcycle after withdrawing Rs.1,98,000/-. When he reached Gaura Ghat Bridge two unknown persons in white colour Apache Motorcycle stopped him and snatched the bag in which the money, laptop and other documents were there. When the nephew of the informant resisted, they fired on his thigh and also hit on his head by butt of pistol. It is next argued that the present FIR was lodged on 29.1.2019, after about 7 to 12 days another FIR was lodged on 7.2.2019 by one Rajesh Kumar Mishra against the applicant and co-accused Salman Khan under Section 307 IPC. The police personnel who wanted to extract the money from the applicant who runs a poultry farm has falsely implicated the applicant in the present case due to the FIR which was lodged on 7.2.2019. False recovery has been shown whereas it has been stated in paragraph 21 of the bail application that the applicant is engaged in a business of poultry farm and he was carrying Rs.1,00,000 with him which is said to have been recovered by the police. The recovery of other documents were made from the open place. The police has falsely implicated the applicant in the present case on the basis of the FIR which was lodged subsequently by Rajesh Kumar Misra in Case Crime No.0019 of 2019. It has further been argued that it appears to be highly improbable that in case the money bag was snatched from the informant the applicant would carry such an amount for 10 days from the date of incident. He has also drawn the attention of the Court to the conduct of the police personnel against whom action has been taken by the department for acting in such a manner in the innocent persons and falsely implicating them in the false cases. He is in jail since 8.2.2019.It has been argued by learned counsel for the applicant that he has been falsely implicated in a number of cases in which he is not named in the FIR in order to complete their duty. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2019 Neeraj