Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21900 of 2021 Applicant :- Ajeem @ Shanu Opposite Party :- State of U.P.
Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sikandar Khan, 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 not committed present offence. He has been falsely implicated in this case due to animosity. Applicant is not named in the F.I.R. His name came to surface in this matter on the basis of arrest in the police encounter. It is further submitted that recovery made in the matter is false and planted and is not supported by any independent evidence. No proper test identification parade was conducted to identify the applicant as well as articles said to have been recovered in the matter. It is further argued that all the criminal cases shown against the applicant as criminal history, have been duly explained. Applicant is languishing in jail since 17.1.2021. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. 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, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Ajeem @ Shanu involved in Case Crime No.17 of 2021 under Sections 457, 380, 411 IPC, Police Station Narsena, District - Bulandshahar 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 :
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. 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.
4. 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 :- 27.10.2021 / ss