Prima facie bail allowed for applicants charged with murder. Court released them on personal bond and sureties with conditions against tampering or intimidating prosecution witnesses.
Applicants released on bail furnishing personal bond and two sureties each.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4163 of 2019
Applicant :- Nafees And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shankar Mishra,Alok Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed today by learned A.G.A., is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 330 of 2012, under Sections 302 I.P.C., Police Station Tilhar, District Shahjahanpur with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicants that applicants were not named in the initial information given to police regarding murder of deceased, which was recorded in G.D. entry. First information report of the alleged incident has been lodged after about 18-19 days and applicants were falsely implicated. Learned counsel further submitted that after investigation, police have not filed any charge sheet against applicants and during trial of the co-accused person, applicants and co-accused were summoned by the trial court under Section 313 Cr. P.C. It was further submitted that co-accused Suhel Akhtar, who was charge sheeted after investigation, has already been granted bail by coordinate Bench of this Court vide order dated 11.11.2016 in Criminal Misc. Bail Application No. 21740 of 2015. It was submitted that applicants are in judicial custody since 26.08.2018, having no criminal history. It was further submitted that in case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicants have been summoned on the basis of statement of eye witness, recorded during trial, and applicants were also named in the FIR. However, it has not been disputed that coaccused Suhel Akhtar, who was charge sheeted after investigation, has already been granted bail.
Keeping in view the submissions of learned counsel for the parties, nature of allegations, period of detention of applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail is made out.
Let applicants Nafees and Rahees involved in the aforesaid crime 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 will not try to contact, threat or otherwise influence the complainant, victim or her family members or any of the witness of the case.
Order Date :- 4.12.2019 T.S.
1 issue framed by the court
Whether the applicants are eligible for bail pending trial in a murder case under Section 302 IPC where no charge sheet has been filed against them.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 21740 of 2015Referred¶8
2 provisions across 2 enactments
Nafees
Rahees
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
