Arif @ Bakri vs State Of U.P.
2019 Latest Caselaw 3890 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18396 of 2019
 

 
Applicant :- Arif @ Bakri
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Deepak Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant, is taken on record.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown. The name of applicant came into light after 2 months and 17 days of the alleged incident in the confessional statement of applicant. Only the allegation of hatching conspiracy has been levelled against the applicant. Main allegation has been levelled against co-accused Manoj @ Nevla and Omkar who have committed the murder and looted the money from the deceased. It has further been submitted that at the time of alleged incident the applicant was in jail. He has no concern with the alleged incident. The co-accused Manoj @ Nevla and Omkar have already been released on bail by another bench of this court vide orders dated 5.2.2019 and 17.4.2019 respectively, therefore, the applicant is also entitled for bail. It has further been submitted that there is no cogent evidence with regard to conspiracy against the applicant except the confessional statement of applicant. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 21.8.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Arif @ Bakri involved in Case Crime No. 244 of 2018, under section 302, 394, 411, 120B IPC, P.S. Dhampur, District Bijnor be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 1.5.2019

Masarrat