Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40645 of 2019 Applicant :- Suhail Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri K.P. Tiwari, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that Aman(son of complainant) was missing from 25.11.2018 at 11 hour. Later on, his dead body was recovered and postmortem was conducted. According to postmortem report, cause of death was found cerebral damage due to one ante-mortem injury. During investigation, names of Jan Mohammad @ Janu, Haseeb, Suhail and Imran were surfaced and it was found that they looted e-rickshaw and killed deceased and at the pointing out of Jan Mohammad @ Janu, poisonous substance, at the pointing out of Haseeb mobile of deceased, at the pointing out of Imran e-rickshaw and at the pointing out of Suhail Rs.150/- were recovered.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 6.12.2018(about ten months) having no criminal history. He has been falsely implicated.Recovery of Rs.150/- shown from the possession of applicant belonged to him and on the basis of suspicion, name of applicant was disclosed. Except Rs.150/-, no incriminating article relating to this offence was recovered at the pointing out of applicant. There is no cogent evidence against the applicant. There is no independent witness or eye-witness account. He is not named in the FIR. Role of applicant is distinguishable from other co-accused. 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 Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Suhail involved in Case Crime No.1808 of 2018, under Section 364, 394, 302, 411, 201 IPC, Police Station Lisari Gate, District Meerut 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 :- 30.9.2019 P.P.