Court No. - 56
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49079 of 2017 Applicant :- Abid Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for the recovery of illegal arms; that no recovery has been made from the applicant rather the same has been recovered from co-accused, Smt. Firdosh; that co- accused, Firdosh, wife of co-accused, Tahir has been granted bail by this Court vide order dated 26.10.2017 in Criminal Misc. Bail Application No. 40533 of 2017; that co-accused, Tahir @ Teru has also been granted bail by this Court on 27.3.2018 passed in Criminal Misc. Bail Application No. 9752 of 2018; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 24.8.2017.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Abid be released on bail in Case Crime No.605 of 2017, under Sections 3/5/7/25 Arms Act and 4/5 Explosive Substances Act, 1908, P.S. Bhopa, District Muzaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.3.2018 Sumaira