Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40853 of 2019 Applicant :- Ajad Opposite Party :- State Of U.P. Counsel for Applicant :- Avnish Kumar Srivastava,Mohammad Anas Raza Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
As per FIR, some unknown persons snatched the mobile phone of the security guard who was on duty and after threatening him with dire consequences forcibly took away 25 iron shuttering plates and seven quintals 'Saria' from a railway construction sites.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that applicant has no criminal history; looted articles have not been recovered from his possession; the applicant undertakes that he will not misuse the liberty of bail; and that the applicant is in custody since 17.07.2019.
It is further submitted that similarly placed co accused namely Shadab, Waseem, and Asif have already been granted bail by this court vide order dated 18.9.2019, 17.9.2019 and 26.9.2019 passed in Criminal Misc Bail Application Nos. 36534, 36375 and 40005 of 2019 respectively.
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; grant of bail to co-accused 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 Ajad be released on bail in Case Crime No.
313 of 2019, under Sections 395, 412 IPC, P.S. Pilkhuwa, District Hapur on his 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 :- 30.9.2019 RavindraKSingh