Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38039 of 2018 Applicant :- Zahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Adil Khan, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Zahid in Case Crime No.65 of 2018, under Sections 302 and 201 I.P.C., Police Station Saidnagali, District-Amroha with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the dead body of a six years' old girl was found near Imambada. The applicant is not named in the F.I.R. However, after about 37 days of the incident, the prosecution introduced some witnesses who have stated that the applicant and co-accused were moving around the place where the dead body of the deceased was found. Thereafter, co-accused, Ekram was arrested by the police who in his confessional statement detailed the manner in which he and the applicant had murdered the deceased. He has argued that except the confessional statement of co-accused, there is no evidence even of last seen against the applicant. Co-accused, Ekram has already been granted bail by the court below. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 08.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant but could not point out any circumstance from which it could be inferred that the applicant had murdered the deceased. They could also not point out that any incriminating article was recovered from his possession.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Zahid be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 MN/-