Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17351 of 2019 Applicant :- Afsar Husain Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Afsar Hussain in connection with Case Crime No.109 of 2019, under Section 420, 413, 414, 411 I.P.C. and 41/102 Cr.P.C., P.S. Kotwali, District Budaun.
The submission of learned counsel for the applicant is that the applicant is quite innocent. He was not named in the first information report. His name has cropped up during investigation in the statement of the one of the co-accused. There is no public witness of the alleged recovery from the godown of the present accused/applicant. He submitted that there is no previous history of the applicant, is in jail since 14.03.2019.
Learned A.G.A. has vehemently opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Afsar Husain involved in Case Crime No.109 of 2019, under Section 420, 413, 414, 411 I,.P.C. and 41/102 Cr.P.C., P.S. Kotwali District Budaun, be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 25.4.2019 R./