Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29830 of 2019 Applicant :- Aslam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Nand Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ajay Nand Pandey, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Aslam with a prayer to release him on bail in Case Crime No. 808 of 2018, under Sections 364, 386, 323, 506 IPC, Police Station- Baraut, District-Baghpat, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. He is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that only in confessional statement of co- accused, the name of the applicant exists. It is further submitted that after one and a half months recovery of Rs. 150/- and a country-made pistol made from the applicant. False recovery has been planted against the applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. It is further argued that the co-accused persons, namely, Amir, Nadeem, Armaan, Rahul having similar role have already been granted bail by another Bench of this Court vide orders dated 12.04.2019, 17.04.2019, 29.05.2019 passed in Cri. Misc. Bail Application Nos. 15380 of 2019, 15930 of 2019, 44029 of 2018 and 6385 of 2019, respectively, copy of which orders have been appended as Annexure Nos. 7 of affidavit accompanying the bail application, hence the applicant is also liable to be enlarged on bail on the ground of bail. The applicant is languishing in jail since 02.09.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the 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 :- 25.7.2019 JK Yadav