Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3962 of 2019 Applicant :- Aslam Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Kumar Verma, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Aslam Khan in Case Crime No. 1033 of 2014 (Criminal Case NO.7233 of 2015), under Sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali, District- Bareilly with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that similarly placed co-accused Asif Khan and Yasin Khan have been enlarged on bail by coordinate Benches of this Court vide orders dated 18.4.2016 and 20.7.2016 passed in Criminal Misc. Bail Application Nos. 11920 & 24233 of 2016, respectively. Lastly, it is submitted that the case of the applicant stands at par with that of the co-accused who have already been enlarged on bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.9.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Aslam Khan 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 subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 Vikas