Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45756 of 2021 Applicant :- Anas @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Anas @ Sonu, who is involved in case crime no. 611 of 2020 under Sections 380, 328 I.P.C., Police Station- Mugalpura, District- Moradabad.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the FIR of the alleged incident has been lodged after inordinate delay of 1 month and 8 days without any explanation; that no incriminating article has been recovered either from his possession or on his pointing out; that the applicant is not a previous convict though the police of P.S. Civil Lines, Muzaffar Nagar has falsely implicated the applicant in six cases on a single day i.e. 13.02.2021. It is lastly contended that the accused applicant is languishing in jail since 18.6.2021 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021//Fhd