Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17727 of 2019 Applicant :- Aakil Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Aakil has prayed to release him on bail in Case Crime No. 1054 of 2018, u/s 395, 342, 412 I.P.C., P.S. Massorie, District Ghaziabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number whereas this case crime number was got registered under Section 379 I.P.C. against unknown thieves for commission of theft of copper wire of transformer, from the premises of Namaste India Factory, which was under construction. Subsequently, accused applicant was apprehended in a case crime No. 83 of 2019, under Section 401 I.P.C. and then after many cases were registered against unknown, were implicated against him. He has been enlarged on bail in all those cases, which were planted against him. There was no independent eye witness account of alleged recovery. There is no likelihood of fleeing from couse of justice or tampering with evidence, in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Aakil, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Kamarjahan