Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16178 of 2021 Applicant :- Aslam Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Aslam Ali, who is involved in Case Crime No. 0209 of 2020, under Sections 392, 411 I.P.C. P.S.- Sikandarpur, District- Ballia.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the F.I.R of this case crime was lodged against three unknown persons under Section 406, 420 I.P.C in regard to amount of Rs. 50,000/- after having been defrauded the informant by the three unknown persons who had given lift to the informant in their car. Subsequently, during investigation on 2/3 of February 2021 police party apprehended the applicant and other co-accused and from the possession of the applicant Aslam Ali Rs. 10,000/- were recovered which are connected with the case property of this case crime. The applicant was not identified by the informant. It is further submitted that there is no independent witness of the alleged recovery and the applicant is having no previous criminal history except five cases which have been slapped by the police with the same recovery memo.
On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Aslam Ali, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 PS