Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30719 of 2019 Applicant :- Akash @ Hani Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Akash @ Hani in connection with Case Crime No.1751 of 2018, under Sections 457, 380, 411 I.P.C., P.S. Sihani Gate, District Ghaziabad.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He further submitted that the alleged recovery is totally fake and false and there is no public witness of the alleged recovery. He further submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that the co-accused Lukman has been admitted to the concession of bail by another Bench of this Court by order dated 05.12.2018 passed in Criminal Misc. Bail Application No.46041 of 2018. He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 06.10.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the co-accused Lukman has been admitted to the concession of bail by this Court, 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 Akash @ Hani 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 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.
Order Date :- 31.7.2019 R./