Shabbir Khan vs State Of U.P.
2015 Latest Caselaw 5656 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 9169 of 2015
 

 
Applicant :- Shabbir Khan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Amrendra Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged after the post-mortem of the deceased. It has further been submitted that Mohd. Layeek Khan and Azia Khan are said to be the eye witnesses of the alleged incident. Their statements are not believable. The resident of above witnesses is more than 25 kilometers away from the place of occurrence. Their presence are doubtful. It has further been submitted that the applicant is an old man aged about 60 years. In the statements of witnesses Aziz Khan and Layeek Khan, the role of catching hold has been assigned to the applicant. The role of pressing the neck of deceased has been assigned to co-accused Wasim. The applicant has not committed the alleged offence. He has no concern with the alleged incident. No incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and he is in jail since 01.05.2015.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Shabbir Khan involved in Session Trial No.452 of 2015, Case Crime No.219  of 2015, under Section  302 I.P.C., Police Station Hyderabad, District Lakhimpur Kheri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 22.12.2015

Jitendra