The single-judge High Court granted bail to Vakeel Saifi under Sections 302 and 34 IPC, noting his prima facie innocence, sole reliance on a co-accused confession, and lack of early trial conclusion.
Vacation of the applicant on personal bond and two reliable sureties subject to three conditions regarding evidence tampering and witness pressure.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1236 of 2020
Applicant :- Vakeel Saifi Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Adesh Kumar, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
The present bail application has been filed by the applicantVakeel Saifi in Case Crime No.280 of 2019, under Sections 302 and 34 I.P.C., Police Station Jhinjhana, District-Shamli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and has not committed any offence,whatsoever. The only evidence against the applicant is extra judicial confessional statement of co-accused,Mahboob. It is also pointed out that co-accused, Mahboob, in whose statement name of the applicant has surfaced, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.57422 of 2019 vide order dated 03.01.2020.There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 26.06.2019, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Vakeel Saifi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1.The applicant shall not tamper with the prosecution evidence;
2.The applicant shall not pressurize the prosecution witnesses;
3.The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 17.1.2020
MN/-
2 issues framed by the court
Whether the applicant is entitled to bail given the prima facie innocence and lack of early trial prospect.
Whether co-accused Mahboob's extra-judicial confession forms the sole evidence against the applicant.
Vakeel Saifi
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
