Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17455 of 2019 Applicant :- Amir Hamja Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajnish Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Amir Hamja, who is involved in Case Crime No. 267 of 2018, under Sections 380, 457 and 411 I.P.C., P.S. Jhangaha, District Gorakhpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number on the basis of his own confessional statement, alleged to be obtained while he was arrested in another case crime number; before arrest there was no criminal history of accused-applicant and after arrest many cases, in which F.I.R. was lodged against unknown persons, he was implicated; in present case crime number, there is no recovery from the possession of applicant, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Amir Hamja, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2019 NS