Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23682 of 2019 Applicant :- Ashif Opposite Party :- State Of Up Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 288 of 2018, under Sections 395, 412 I.P.C., Police Station Thana Bhawan, District Shamli, during the pendency of trial.
Learned counsel for the applicant contends that as per F.I.R., the occurrence took place on 21.7.2018 in which Rs. 18,000/- and some small pieces of jewellery items were looted away by unknown persons. Thereafter on 28.7.2018, the version of the informant came in statement under Section 161 Cr.P.C. that the aforesaid amount and the articles were looted away after closing them in a room and, thereafter, co-accused Khalid was arrested at the pointing of informer, who took name of the present accused being involved in the present offence. He further submitted that Rs.2200/- and one pair of Pajeb is alleged to have been recovered from him, which is a false recovery. The recovery is planted one. Applicant has no previous criminal history. The applicant is languishing in jail since 18.09.2018. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail and conceded that the said piece of jewellery which is alleged to have been recovered from the accused was not got identified from the informant of the case.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ashif 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.
In case of breach of any of the above 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 :- 7.6.2019 NS