Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52473 of 2019 Applicant :- Afsan Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mrs. Alpana Singha, learned counsel for the State and perused the record.
Learned counsel for the applicant submitted that neither the applicant was named in the first information report nor he has committed any offence. The recovery which has been shown from the applicant's possession was a joint recovery and has been planted to rope in the applicant falsely. There is no public witness of the alleged recovery. No proper identification parade was conducted. He lastly submitted that the applicant is languishing in jail since 09.10.2019. Further the offence is triable by magistrate.
Learned AGA does not dispute the aforesaid fact.
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 Afsan be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 249 of 2019, under Sections 392, 411 IPC, P.S. Khurja Dehat, District Bulandshahr 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Lbm/-