Maroof vs State Of U.P.
2019 Latest Caselaw 6078 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 6551 of 2019
 

 
Applicant :- Maroof
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arshad Ahsan Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.243 of 2018 under Section 302 I.P.C, Police Station-Jais, District-Amethi, with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 30.01.2019. It is further submitted on behalf of applicant that on the basis of written complaint of informant, the FIR No.243 of 2018, under Section 302 I.P.C. Police Station Jail District Amethi was registered on 04.11.2018 and in the FIR, it is alleged that the deceased was found dead in the morning and there was a black sign in around the neck. After a long gap of about three months Smt. Samabano made a confessional statement and admitted that she was having illicit relation with Maroof, but her (Jeth) was making a complaint about her conduct, as a result, she was beaten. Therefore, the applicant planned to kill the deceased. He has further submitted that the alleged rope which was used in the crime was recovered after three months from the garbage and he also denied the alleged recovery and submitted that the recovery is planned. The case of the applicant is similar to co-accused Sambano who has been enlarged on bail by this Court, vide order dated 02.07.2019 passed in Criminal Misc. Bail Application No.6282 of 2019. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

During course of arguments, learned counsel for the applicant placed before this court a photocopy of bail order of co-accused is taken on record.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused has already been granted bail.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant -Maroof- be released on bail in Case Crime No.243 of 2018, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 9.7.2019

Amit/-