Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22855 of 2019 Applicant :- Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Asif, who is involved in Case Crime No. 652 of 2018, under Section-392 I.P.C., Police Station- Hapur Dehat, District- Hapur, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number, which was got registered against four unknown miscreants; subsequently, present accused-applicant was apprehended in one case and on the basis of alleged confession, this case was implicated whereas no such confession was ever made nor accused-applicant has any concern with above occurrence nor there was any identitification; he is on bail in subsequent five cases, mentioned in the criminal history and the orders passed have been annexed from Paper No. 15 onward. There is no likelihood of the applicant fleeing from course of justice or tampering with evidence, in case of release on bail. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Having heard learned counsel for both sides and gone through the materials placed on record, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Asif, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 30.5.2019 bgs/