Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17724 of 2019 Applicant :- Ansar Ahmed Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Applicant- Ansar Ahmed seeks bail in Case Crime No. 45 of 2019, under Section 4/5 Explosive Substance Act, Police Station- Hathgaon, District Fatehpur.
Heard Sri Shivakant, learned counsel for the applicant as well as Sri Durgesh, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that recovery of two desi bombs from the possession of the applicant is totally false, fabricated and concocted. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 17.03.2019 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant Ansar Ahmed 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 26.4.2019 Pr/-