Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30192 of 2019 Applicant :- Ahteysham And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This is a bail application on behalf of the applicants Ahteysham and Sazid Ali in connection with Case Crime No.430 of 2019, under Sections 420, 467, 468, 471, 389 & 171 I.P.C., P.S. Civil Lines, District Rampur.
The submission of learned counsel for the applicants is that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the applicants are alleged to have demanded Rs.2 lacs from the Village Pradhan of village Patwai impersonating themselves Inspector, Crime Branch. The matter was reported to the police and the police lodged the first information report against the applicants. He further submitted that the applicants have not received any money as alleged in the first information report. He further submitted that there is no previous criminal history of the applicants. He further submitted that there is no public witness of the alleged recovery. He submitted that the applicants are languishing in jail since 13.06.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has 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 applicants Ahteysham and Sazid Ali involved in the aforesaid crime 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court;
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;
v) The applicants 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.
Order Date :- 30.7.2019 R./