Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40689 of 2019 Applicant :- Abdul Wahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghan Shyam Das,Kamal Krishna, Sr. Adv Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kamal Krishna, Senior Advocate assisted by Sri Ghan Shyam Das learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.280 of 2019 under sections 201, 120-B I.P.C. , Police Station Garhmukteshwar, District Hapur, during the pendency of trial.
It is argued by the learned counsel for the applicant that the accused-applicant has already been granted bail in this case crime number vide court's order dated 25.09.2019 passed in Crl. Misc. Bail Application No.39645 of 2019. Subsequently, the Investigating Officer has added offence under section 201 and 120B IPC. It is argued by the learned counsel for the applicant that under section 7 Prevention of Corruption Act, he has already been granted bail, hence for offence under additional section, he may also be granted bail. The applicant is absolutely innocent and is languishing in jail since 28.06.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Abdul Wahid involved in aforesaid crime 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 that :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 AU