Allahabad High Court
Nadeem vs State Of U.P. on 30 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22721 of 2019
Applicant :- Nadeem
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Niklank Kumar Jain
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 Giriraj Singh brother of the deceased against unknown. The applicant is not named in the FIR. Informant Giriraj in his statement recorded under section 161 Cr.P.C. has not disclosed the name of the applicant. Showing the arrest of co-accused Sabir Ali, Dr. Yasin, Salman and Irfan in a police encounter case on 18.9.2018, the name of applicant came into light in the confessional statements of co-accused Sabir Ali, Dr. Yasin, Salman and Irfan. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. It has further been submitted that on the basis of confessional statements of co-accused the applicant has also been implicated in 3 other cases. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. There is no direct evidence against the applicant. It has further been submitted that co-accused Dr. Yasin has already been released on bail by this court vide order dated 23.4.2019 in Criminal Misc. Bail Application No. 16613 of 2019 and the case of applicant is on better footing to that of co-accused Dr. Yasin, therefore, the applicant is also entitled for bail. The criminal history of the applicant has been explained in paras 29 and 30 of the affidavit filed in support of the bail application. The applicant is in jail since 18.9.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Nadeem involved in Case Crime No. 341 of 2018, under Sections 302, 147, 148/34 & 120-B, IPC, P.S.Harduaganj, District Aligarh 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. 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 :- 30.5.2019
Masarrat
