Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17555 of 2019 Applicant :- Tahir Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
According to the prosecution case, FIR was lodged on 13.11.2018 at 17.19 hours against two accused persons, namely Jahagir and Imroz alleging that on 1.11.2018 Jainab@ Payal, sister of the complainant, 21 years of age was last seen with Jahagir and his friend Imroz on scooty and on the pointing out of Jahagir the dead body was recovered on 20.11.2018. During investigation, the name of Prabhajit @ Sagar,Tahir (applicant) and Danish was surfaced. With the conspiracy of these persons the incident was done. Extra Judicial confession was made before two persons namely, Murtaza and Khan Kamal Pasa by the applicant and co-accused Danish. It has further been submitted that the applicant is father of co-accused Jahagir. There is allegation of hatching conspiracy against the applicant.The applicant has no concern with the alleged incident. There is no cogent evidence with regard to the conspiracy against the applicant. The applicant has falsely been implicated in the present case due to being father of co-accused Jahagir. It has further been submitted that no incriminating article has been recovered from the possession of the applicant or on his pointing out. Co-accused Danish having identical role has already been released on bail by another bench of this Court vide order dated 26.3.2019 in criminal Misc. Bail Application No. 11764 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in paragraphs no. 23, 24 and 25 of the affidavit filed in support of bail application. The applicant is in jail since 15.1.2019.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Danish having identical role has already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Tahir Khan involved in Case Crime No. 628 of 2018, under Sections 364, 302, 201. 120-B/34 IPC, P.S. Ganj District Rampur 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 co-operate 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 A.