Mukesh vs State Of U.P.
2018 Latest Caselaw 177 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14984 of 2018
 

 
Applicant :- Mukesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ram Kumar Dubey
 
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, the F.I.R. was lodged on 15.10.2017 against Mohd. Wasim and his friend alleging that on 12.10.2017 they booked the swift car bearing no. UP81-BC8073 for going to Nainital from Aligarh and said vehicle was driving by Waseem (deceased). They killed the driver Waseem and looted the swift car. During investigation co-accused Wasim confessed before police personnel and stated that he killed Waseem and looted the said car with the help of his friend namely Mukesh.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Wasim in his confessional statement before the police personnel. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. There is no legal evidence against the applicant except the confessional statement of co-accused Wasim before the police personnel. He is languishing in jail since 16.10.2017 (more than six 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.

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 the applicant Mukesh involved in Case Crime No. 564 of 2017, under Sections 394, 411, 201, 302 IPC, Police Station Gandhi Park, District Aligarh 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:

1. The applicant will not tamper with the evidence during the trial.

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 :- 24.4.2018

A. Singh