Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28098 of 2021 Applicant :- Aas Mohammad @ Aasu Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 636 of 2019, under Sections 395, 411, 120-B I.P.C. P.S. Sector-20 Noida, District Gautam Budh Nagar, during pendency of the trial.
As per F.I.R., on 23.6.2019, the applicant along with other co- accused have been arrested by the police and Rs.90,000/- has been recovered from the possession of the applicant.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive; the alleged recovery is totally false; the applicant is not named in the F.I.R.; It is further submitted that co-accused, namely, Azam, Wasim, Shahrukh and Aman @ Tinku have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 17.01.2020, 03.12.2019 and 25.02.2020 passed in Crl. Misc. Bail Application Nos.2240 of 2020,35652 of 2019, 53458 of 2019 and 5762 of 2020, respectively and the case of the applicant stands on better footing than the case of the co-accused, hence he may also be enlarged on bail. There is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 23.06.2019 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Aas Mohammad @ Aasu be released on bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 Meenu