Criminal bail application where the applicant, night-shift guard arrested in a Naxal encounter, sought bail in a FIR alleging murder. Court granted bail subject to standard conditions prohibiting tampering with evidence or intimidating witnesses.
Release of the applicant on bail by furnishing a personal bond and two sureties in like amount satisfying the court.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18170 of 2018
Applicant :- Mohsin Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 25.1.2018 at night some unknown persons shot fire at Sanjay Kumar Singh, he received one gunshot injury, resultantly died. On the information of secret informer (mukhbeer), accused Hamid was arrested by the police in police encounter case; one country made pistol was recovered from his possession and he stated that he killed Sanjay Kumar Singh by shot fire and accused Mohseen and Abrar were present at the time of incident.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of applicant was disclosed by co-accused Hamid in his confessional statement before police personnel. A knife was recovered from the possession of applicant but which was not used in this incident. Only one gunshot injury was found on the body of deceased which was caused by coaccused Hamid. Criminal history of the applicant has been properly explained. Offences levelled against the applicant are not attracted in the present case. There is no independent witness. There is no legal evidence against the applicant except confessional statement of co-accused Hamid and applicant before the police personnel. He is languishing in jail since 31.1.2018 (more than three and half months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mohsin involved in Case Crime No. 72 of 2018, under Sections 302, 458, 34 IPC, Police Station Mussoori, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.5.2018 A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 302, 458, and 34 IPC upon furnishing bond.
Whether the conditions of bail can be framed to ensure the applicant does not tamper with evidence or intimidate witnesses.
Mohsin
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
