Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27594 of 2021 Applicant :- Wahid Opposite Party :- State of U.P.
Counsel for Applicant :- Abhitab Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The first information report of this case was lodged by co- accused Abdul Zabbar alleging that one Ankit, Raj Pal, Inshallah, Shahjad, Khunshood, Mase and some unknown persons have committed murder of deceased Gulshana, but during investigation, it was found that said Abdul Zabbar has named innocent persons and in fact co-accused Abdul Zabbar himself and other co-accused were involved in the incident. Thereafter on the basis of statement of co-accused Zabbar, involvement of applicant was shown in the incident.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is not named in the first information report. It has been submitted that during investigation, the prosecution has developed entirely a new story. One Jeev Singh has claimed himself an eye-witness but in his statement applicant was not named. Learned counsel submitted that in fact, except the statement of co-accused Zabbar, there is no cogent evidence against the applicant. The applicant is maternal uncle of the deceased and he has no motive to commit her murder. Learned counsel has also referred the statement of alleged eye-witness Vinod and Pratap Singh but they have also not named applicant.
It has been further submitted that similarly placed co-accused persons, namely, Abdul Zabbar, Chand Mohd, Nafeesa, Haneefa, Ali Hasan, Yunus and Husain have already been granted bail by co-ordinate Bench of this Court vide order dated 15.03.2021, 18.02.2021, 24.11.2020, 24.11.2020, 06.07.2020 and 19.03.2021, passed in Criminal Misc. Bail Application No. 34386 of 2020, 3815 of 2021, 32857 of 2020, 32851 of 2020, 18055 of 2020, 41349 of 2020. It has been further submitted that the applicant is languishing in jail since 23.02.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it could not be disputed that similarly placed co-accused persons .
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Wahid involved in Case Crime No. 31 of 2020, under Sections 147, 148, 149, 302, 34, 120B of IPC, P.S.
Rohata, District Meerut, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 12.8.2021 A. Tripathi