Jeeshan Alias Nouni v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14045 of 2018 Applicant :- Jeeshan Alias Nouni Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 193 of 2015, under Section 302 IPC, Police Station Kotwali Nagar, District Muzaffar Nagar during pendency of the trial.

¶3FIR of the present case was lodged against unknown persons with regard to death of the son of the informant.

¶4Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation when statement of one Istekhar was recorded then he gave evidence of last seen and also stated that applicant and co-accused Soni confessed their guilt before him and except evidence of last seen and extra judicial confession there is no other cogent evidence against the applicant on record.

¶5He further submits that however as per allegation when applicant was arrested then he confessed his guilt and from his pointing out one country made pistol was recovered but till date the alleged recovered country made pistol could not be connected with the instant crime.

¶6He further submits that applicant is not having any criminal history and in the present matter he is in jail since 20.02.2015 i.e. for last more than eight and half years.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that it is a case of circumstantial evidence and applicant is not having any criminal history and he is in jail for last more than eight and half years.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the fact that present case is a case of circumstantial evidence and except last seen evidence and extra judicial confession of the applicant and recovery of country made pistol there is no other evidence against the applicant on record and applicant is not having any criminal history and he is in jail for last more than eight and half years, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Jeeshan Alias Nouni be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.12.2023 AK Pandey High Court of Judicature at Allahabad