Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17719 of 2019 Applicant :- Arshad Opposite Party :- State Of U.P. Counsel for Applicant :- Ansar Ahmad 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. 227 of 2019, u/s 420, 467, 468, 471, 411, 413 I.P.C., P.S. Kotwali, District Etawah.
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. There was no recovery as alleged, though accused applicant has been said to be pillion rider of motorcycle, which was suspected to be stolen one. Whereas owner of above motorcycle has given an affidavit with this contention that same was transferred to accused from whose premises above recovery was made. Accused applicant is of no criminal antecedents prior to this date of recovery. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Perusal of First Information Report reveals that it was registered on the basis of suspicion and recovery of motorcycle. Accused applicant was of no criminal antecedents prior to above date of recovery. Accused applicant was shown as pillion rider of one motorcycle, which was said to be sold to above accused, of which premises the same was shown to be recovered. 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 :- 26.4.2019 Kamarjahan