Sazid v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9983 of 2018

Applicant :- Sazid Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais,Y.V. Pandey Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Counter affidavit filed by learned AGA which is taken on record.

Heard learned counsel for applicant, learned A.G.A. and perused the record.

Learned counsel for applicant contends that applicant has been falsely implicated in FIR for committing murder of Abdul Samad; that as per averments made in FIR, deceased was having property dispute with applicant, and on 22.06.2017 at about 08:30 p.m., when he came to his home from market by scooter, five persons on two motorcycles, including three unknown persons as well as Sazid and Husnain made indiscriminate firing on him resulting in his death, and Phool Miyan was also involved in hatching criminal conspiracy and the incident was seen by Amjad, Zeeshan and Shahzad in light and identified Sazid and Husnain and due to injuries Abdul Samad was declared dead at Government Hospital Devband; that postmortem report of deceased states that single gun shot injury was cause of death of Abdul Samad; that alleged eye witnesses Amjad, Zeeshan and Shahzad in their statements under Section 161 Cr.P.C. have stated that when deceased stopped scooter at his home, three boys on a motorcycle came from behind and caused gun shot injuries to deceased, followed by applicant on another scooter; that above eye witnesses have not assigned any role to applicant for causing firearm injury to deceased, and at the most, he has been assigned with the role of hatching criminal conspiracy; that applicant had no motive to cause death of deceased or hatch conspiracy for his murder; that co-accused Phool Miyan, Meer Hasan, Manoj Pandey and Kishan Singh have been granted bail by other Benches of this Court vide orders dated 17.11.2017, 20.02.2018, 12.12.2018 and 20.12.2018 passed in Criminal Misc. Bail Application Nos. 44293 of 2017, 6034 of 2018, 46172 of 2018 and 48575 of 2018 respectively, copy is collectively filed at R.A-1; that applicant has no criminal history; that applicant