Court allowed bail to the applicant, who was falsely implicated in a murder case where co-accused had already been granted bail. The court noted the applicant had no criminal history and no independent witness existed.
Application allowed; applicant released on bail with personal bond and two sureties subject to standard conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8514 of 2019
Applicant :- Aarish @ Haaris Opposite Party :- State Of U.P. Counsel for Applicant :- Shahabuddin 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 seven accused persons, namely Mursaleen, Sajid, Saddam, Hasim, Safadar, Asharaf, Bade Miya alleging that on 3.7.2018 they killed Arbaj (brother of complainant). During investigation, the name of three accused namely Sultan, Junaid and Arish was surfaced and name of named accused persons were exonerated. It was found that there is illicit relation between applicant and wife of Mursaleen, this incident was done.
It is submitted by learned counsel for the applicant that coaccused namely Junaid and Sultan have already been granted bail by co-ordinate Bench of this Court vide order dated 2.1.2019 and 29.1.2019 in Criminal Misc. Bail Application Nos. 48411 of 2018 and 3957 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. There is no independent witness and no legal evidence against the applicant. On one hand, he lost his real brother and on another hand he is languishing in jail. There was no intention or knowledge to kill the deceased. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 22.7.2018 (more than seven months) having no criminal history 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 and the case of present applicant is identical to coaccused Junaid and Sultan who has been enlarged on bail.
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 applicant Aarish @ Haaris involved in Case Crime No. 675 of 2018, under Sections 302, 201, 120-B IPC, Police Station Katghar, District Moradabad 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 :- 27.2.2019 A. Singh
Aarish @ Haaris
Aniruddha Singh
As recorded by the court registry
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