- (1.) THE applicant by filing present application under Section 482, Cr. P. C, has sought to quash impugned Order dated 9-4-2009 passed In connection with the Criminal Misc. Case No. 7 of 2008 (State v. Meer khan and another) in ST. No. 1064 of 2008 arising out of Case Crime No. 4 of 2007 under Sections 302, 404 and 411, I. P. C of Police Station Kadarchowk, District Budaun.
(2.) THE background facts in a nutshell are as follow; respondent No. 2, Wajih Ullah khan, brother of the deceased (Hasib Dulhey Khan)lodged the F. I. R. under Section 304, I. P. C. at Police Station Kadarchowk, District budaun vide Case Crime No. 4 of 2007 on 9-10-2007 at about 7. 15 p. m. regarding the incident alleged to have taken place on 8-1-2007 at unknown time. The applicants Were not named in the F. I. R. and their names had surfaced as participants in the crime during the course of the investigation. The Investigating Officer of the case after completion of the investigation had submitted charge sheet against them and two others under Sections 302, 404 and 411, I. P. C.
(3.) THE applicant No. 1 was admitted to bail by another Bench of this Court vide order dated 11-1 -2008. The order granting bail to him is being reproduced here in below: "hon'ble Ravindra Singh, J. Heard learned counsel for the applicant, learned A. G. A. and Sri. M. A. Abbasi, learned counsel for the complainant. It is submitted by learned counsel for the applicant that in the present case the applicant is not named in the F. I. R The name of the applicant has been disclosed after ten months of the alleged incident. It is said that the applicant was seen in the company of the other co-accused Coming towards the place of occurrence by the applicant but the naming of the applicant is after thought. There is no direct eye witness account and nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The co-accused Zumma alias ahsan Mohd. whose case is based on the similar footing with the case of the applicant has been released on bail by another bench of this Court on 13-12-2007 in Criminal Misc. Bail Application No. 28384 of2007. In reply of the above contention, it is submitted by learned A. G. A. and learned counsel for the complainant that applicant is having criminal antecedent, in case he is released on bail, he shall tamper with the evidence. In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned AGA and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail. Let the applicant Meer Khan involved in case Crime No. 4 of 2007 under Sections 302, 404, 411 LP. C. Police Station Kadar chowk, district Budaun 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 on the following conditions; 1. That the appliqant will report to the police station concerned once in every month at a time and date to be fixed by office in charge of the, Police Station concerned. 2. That the applicant will not tamper with the prosecution witnesses and will not abscond. 3. That the applicant will co-operate with the trial and will not seek any unnecessary and uncalled for adjournment. 4. That the applicant will not leave the district Budaun without prior permission of the concerned court and prior intimation of his Police Station concerned. ";