Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6684 of 2018 Applicant :- Ali Kaisar @ Pyare Miyan Opposite Party :- State Of U.P. Counsel for Applicant :- Nasiruzzaman Counsel for Opposite Party :- G.A.,Azhar Hussain Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A. G. A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated due to ulterior motive and he has committed no offence. It is submitted that the applicant had no intention to misappropriate the money as he had taken loan from the complainant on interest basis under an employed agreement. Further submission is that if there is any violation of the agreement or non payment of the loan amount, then a money recovery suit may be filed by the complainant. The circumstances which according to the counsel led to the false implication of accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required. It has also been submitted that the applicant is an old person aged about 68 years and he is rotting in judicial custody since 3.11.2017. The applicant has no criminal history. On the basis of above submissions, learned counsel prayed that the applicant may be granted bail.
Learned A. G. A. opposed the prayer for bail, but he has conceded that the applicant is an old person.
Considering the nature of accusation and severity of punishment in case of conviction, the nature of supporting evidence, reasonable apprehension of tampering of the witness and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ali Kaisar @ Pyare Miyan involved in Case Crime No.249 of 2015, under Sections 420, 406 IPC, P. S. Shahganj, District-Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicant will continue to attend and cooperate in the trial pending before the Court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii) The applicant will not indulge into any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018
Manish Himwan