Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16232 of 2019 Applicant :- Arshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Arshad has prayed to release him on bail in Case Crime No. 54 of 2019, u/s 41/102 Cr.P.C. and Sections 411, 414 I.P.C., P.S. Falawada, District Kanpur Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He was of no concern with above occurrence. He was said to be sitting at the shop of Sunni, in which there was incriminating suspected stolen items whereas in personal search, there was no incriminating articles recovered. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
First Information Report reveals that it was got lodged on the basis of suspected stolen mobile phones at the shop of Sunni, in which Arshad was found sitting. He himself claimed to an employee of above shop and this arrest was under suspicion under Section 41/102 of Cr.P.C. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Arshad, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 29.4.2019 Kamarjahan