Supplementary affidavit has been filed by learned counsel for applicant today in the Court, is taken on record.
Heard Shri Syed Ahmed Faizan learned counsel for the applicant, Shri V.K. Pandy learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case on the basis of confessional statement of co-accused Ajab Singh who has been enlarged on bail by this Court vide order dated 19.11.2020 passed in Criminal Misc. Bail Application No. 30459/2020, copy of which has been annexed as Annexure-SA2 of the supplementary affidavit. Nothing incriminating has been recovered from the possession of applicant. Criminal history of four cases of applicant have been explained in paragraph 3 of the supplementary affidavit. Applicant is languishing in custody since 25.06.2020. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Abrar @ Papua be released on bail in Case Crime No. 258/2020, under Sections 302 & 201 I.P.C, Police Station- Hasanpur, District- Amroha 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) 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.
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 :- 28.1.2021 Sharad/-