Allahabad High Court
Shamshad Khan vs State Of U.P. on 9 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19562 of 2019
Applicant :- Shamshad Khan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
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 FIR of the alleged incident was lodged by Asalat Khan son of deceased on 12.5.2018 at 19:29 hours against Bhoorey son of Hukum Singh. The informant Asalat Khan in his 1st statement and 2nd statement has disclosed the name of Bhoorey Khan. Thereafter, after 8 months of the alleged incident the informant Asalat Khan in his 3rd statement has disclosed the name of applicant and he has stated that there was illicit relation in between his sister Roshan and applicant Shamshad Khan and the illicit relation of applicant with sister of informant was in the knowledge of deceased. The deceased has also threatened to the applicant about 4-5 days ago due to which the applicant had got murdered the deceased by his nephew Waseem Khan @ Kaluty. It has further been submitted that the allegation of hatching conspiracy has been levelled against the applicant. There is no cogent evidence with regard to conspiracy. It has further been submitted that there was no illicit relation in between the applicant and sister of informant. False story has been concocted by the prosecution. The co-accused Waseem Khan @ Kaluty has already been released on bail by another bench of this court vide order dated 29.3.2019 in Criminal Misc. Bail Application No. 12813 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 25.2.2018.
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 Shamshad Khan involved in Case Crime No. 48 of 2018, under section 302, 120B IPC, P.S. Samthar, District Jhansi 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 :- 9.5.2019
Masarrat
