Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17769 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. 205 of 2019, u/s 379, 411, 420, 467, 468, 471 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. The case crime number was registered against unknown thief for stealing motorcycle in the night of 9.3.2019. The alleged recovery memo is a concocted one and the motorcycle shown to be recovered from the possession of the applicant was not connected with any case crime number. Neither any witness of recovery is there nor the applicant is of any criminal antecedent. Another motorcycle shown to be recovered from possession of another accused was sold by its registered owner to accused-applicant and that has been planted in this case by the police. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence. Co- accused Mohd. Azim @ Manu Qureshi, with same degree of accusation, has been enlarged on bail by this Court in Criminal Misc. Bail Application No. 14657 of 2019, vide order dated9.4.2019. Hence bail has been prayed for during trial.
Learned AGA has opposed the bail application.
Perusal of F.I.R. reveals that it was lodged against unknown person. Accused-applicant was apprehended while in possession of another motorcycle not connected with the present case. He is of no criminal antecedent. Under 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