In a criminal bail application, the court allowed bail to the applicant charged with murder, noting his lack of criminal history and the lapse of time in custody, without expressing an opinion on the merits of the allegations.
Released on bail on furnishing a personal bond and two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9416 of 2019
Applicant :- Savej @ Shevi Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga,Sumit Daga Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri A.Z. Khan, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 22.9.2018 against four accused persons, namely Savej @ Sebi, Saleem, Shakeel and Khurshid alleging that on 20.9.2018 they killed Sabana (daughter of complainant) by administering poison. According to postmortem report, cause of death could not be ascertained, viscera was preserved.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Deceased was married with one Nausad, she taken divorce, later on, she loved with the applicant. Deceased has committed suicide herself due to depression as stated before the doctor at the time of treatment. FIR was lodged after two days of incident after thought and due legal consultation on the basis of suspicion. On one hand, applicant has lost his lover and on the other hand he is languishing in jail. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 1.10.2018 (more than five 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 counsel for the complainant opposed the prayer for bail.
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 applicant Savej @ Shevi involved in Case Crime No. 318 of 2018, under Sections 328, 302 IPC, Police Station Chilkana, District Saharanpur 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 :- 6.3.2019
A. Singh
1 issue framed by the court
Whether the applicant is a fit person to be released on bail despite being charged with murder.
Savej @ Shevi
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
