Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47849 of 2018 Applicant :- Zulfikar Ali @ Tota Opposite Party :- State Of U.P.
Counsel for Applicant :- Shadab Ali,Krishna Mohan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 634 of 2015 under Sections 147, 148, 149, 302, 120-B, 504 I.P.C, P.S. Dhoomaganj, District Allahabad.
The contention of the learned counsel for the applicant is that the accused was not named in the FIR. He is absolutely innocent and has been falsely implicated on the basis of statements of Aftab Ahmad, Afzal, Jumma, Ibney Admmed and Jumman recorded after a period of two years on 18.08.2017; that after investigation, charge sheet was submitted against seven named accused persons, whereafter on the writ filed by wife of driver Surjeet deceased, investigation was done by crime branch with report that due to lapse of time, it is not possible to trace out the real culprits; that again further investigation was handed over to the I.O. of P.S. concerned who after recording the statements of witnesses Aftab Ahman, Afzal etc. on 18.08.2017 submitted report that it is the case of honour killing by the first informant who is cousin brother of deceased Alkama and his associates including applicant as she was having affair with another deceased Surjeet driver and had caused insult to the family; that Aftab Ahmad etc. are persons of the group of charge sheeted accused persons. He further submitted that the co-accused Faisal, Mazid, Abu Bakar, Javed, Munne Alias Munna, Pappu Alias Imtiyaz, Asif, Azaz Akhtar, Sheru, Akbar, Farhan, Abid have already been enlarged on bail vide orders dated 28.08.2018, 26.11.2018, 12.10.2018, 29.11.2018, 29.11.2018, 29.11.2018, 04.12.2018, 18.01.2019, 22.01.2019, 21.02.2019, 22.05.2019 & 03.07.2019 passed by another Bench of this Court in Criminal Misc. Bail Application Nos. 32603 of 2018, 41315 of 2018, 35235 of 2018, 41887 of 2018, 41497 of 2018, 40519 of 2018, 46202 of 2018, 49129 of 2018, 160 of 2019, 7426 of 2019, 6076 of 2019 & 1930 of 2019 respectively who have been assigned with identical role.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 21.09.2017 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Zulfikar Ali @ Tota be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Shanu