Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3957 of 2019 Applicant :- Sultan Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Saba Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Syed Faiz Hasnain, Mohd. Asam, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 675 of 2018, u/s 302, 201, 120-B IPC, P.S. Katghar, District Moradabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is not named in the F.I.R.; the F.I.R. was lodged by brother of the deceased nominating seven accused; his name was came into light in the confessional statement of co-accused in which too only evidence of last seen has been stated; similarly placed co-accused Junaid, who was also not named in the F.I.R., has been granted bail by another Bench of this Court in Bail Application no. 48411 of 2018 vide order dated 2.1.2019.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sultan involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 Dhirendra/