Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25123 of 2019 Applicant :- Ajam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. He is not named in the F.I.R.. Referring to statement of injured recorded under Section 161 CrPC, it is submitted that nothing was stated by him in the said statement against the applicant. For the first time in the month of February, 2019 when statement of injured was recorded by the Investigating Officer again, he disclosed the name of applicant for committing the present offence. It is further submitted that no proper test identification parade was arranged in the matter to identify the applicant. It is also submitted that if the witnesses were aware about the name of applicant, same must have been disclosed in the F.I.R. or in the statement recorded under Section 161 CrPC initially. Non disclosure of name of applicant in the F.I.R. or in the statement recorded under Section 161 CrPC and non-arranging proper test identification parade creates doubt about involvement of applicant in the present matter. Criminal case shown as criminal history has been planted after arrest in the present matter. He is languishing in jail since 13.2.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ajam involved in Case Crime No. 658 of 20198, under Sections 302, 307 IPC, P.S. Gajraula, District - Amroha be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019/safi