In C.M. Bail Application No. 22095 of 2018, the High Court allowed bail for Faisal Khan and Azeem Khan implicated in a murder case. The Court noted their absence in the initial FIR and reliance on co-accused confessions, granting bail without expressing an opinion on the merits.
Released on bail by furnishing a personal bond and two sureties each.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22095 of 2018
Applicant :- Faisal Khan And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Tanisha Jahangir Monir,N/A Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri S.P. Mishra, Advocate holding brief of Ms. Pooja Chaudhary, learned counsel for the applicants, 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 10.5.2017, some unknown persons killed Lokman. Subsequently, accused Vikram was arrested by the police and stated that Akhilesh @ Miya, Mama @ Miwa, Sir, Ajim and Faisal were also indulged in this crime. Accused Vikram confessed before police personnels, he killed Lokman and one countrymade pistol was recovered from the possession/ pointing out of co-accused Vikram.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. Applicants were not named in the F.I.R. The name of the applicants were disclosed by co-accused Vikram in his confessional statement before the police personnels. There is no independent witness and no legal evidence except confessional statement of co-accused Vikram before the police personnels. They are languishing in jail since 1.11.2017 (near about one year and one month) having no previous criminal history, after this incident, three cases against applicant no. 1 and four cases against applicant no. 2 have been roped and in case they are released on bail, they 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 applicants and admitted that applicants have 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 applicants Faisal Khan and Azeem Khan involved in
Case Crime No. 265 of 2017, under Section 396 IPC, Police Station Jawan, District Aligarh 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 applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 A. Singh
2 issues framed by the court
Whether Faisal Khan and Azeem Khan should be released on bail.
Whether the period of custody and gravity of the offence warrant granting bail without expressing opinion on merits.
Faisal Khan
Azeem Khan
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
