Application for bail in a murder case. Bail for Sazib and Mohasin dismissed as not pressed. Bail for co-applicant Akram allowed for trial custody subject to standard conditions.
Bail allowed for Akram on personal bond and two sureties with standard conditions; dismissed for Sazib and Mohasin as not pressed.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37793 of 2018
Applicant :- Sazib And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- Sailesh Kumar Tiwari,A/P0265,Jitendra Pal Singh,Pradeep Kumar Singh
Hon'ble Aniruddha Singh,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State and perused the record.
Sri R.S. Tripathi, learned counsel for the applicant states that he does not want to press the bail application on behalf of applicant no. 1-Sazib and appellant no. 2-Mohasin and the same may be dismissed as not pressed.
In view of above statement made by learned counsel for the applicant, the bail application moved on behalf of applicantsSazib and Mohasin is dismissed as not pressed.
According to prosecution case, the F.I.R. was lodged against seven accused persons, namely Israk, Sajiv, Afsar Ali, Sanabbar Ali, Mohsin, Afak and Akram alleging that on 10.10.2017 they assaulted Kaushar Ali. He received eight injuries, resultantly died.
Learned counsel for the applicant submitted that co-accusedAfsar Ali and Sanabbar Ali have been enlarged on bail by coordinate Bench of this Court vide order dated 27.11.2018 in Criminal Misc. Bail Application No. 8328 of 2018 and the case of the applicant is identical to the case of co-accused who have been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity; applicant is languishing in jail sine 14.10.2017 & 22.10.2017 (more than one year and one month); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility of case being decided in near future.
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 and identical to the case of co-accused-Afsar Ali and Sanabbar
Ali, who have been enlarged on bail.
Sri Jitendra Pal Singh and Sri Pradeep Kumar Singh, learned counsel for the complainant submitted that due to previous enmity they killed the deceased and they grabbed the property of Gaon Sabha also.
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 Akram involved in Case Crime No. 459 of 2017, under Section 147, 148, 342, 308, 304 IPC, Police Station-Ushait, District-Budaun 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 :- 3.12.2018 OP
2 issues framed by the court
Whether to grant bail to the applicant in a murder case pending trial.
Whether to release the applicant on bail versus dismissing the application as not pressed.
Sazib
Mohasin
Akram
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
