Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26020 of 2021 Applicant :- Atiqurrahman Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Ram Prakash Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant-Atiqurrahman with a prayer to release him on bail in Case Crime No. 46 of 2021, registered under Sections 370, 406 I.P.C., Police Station Colonelganj, District Kanpur Nagar during pendency of the trial.
As per prosecution case, the applicant took the money as fare of air ticket from informant but he did not send ticket to get back his wife.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. He next argued that after getting money from informant he sent air ticket to victim to come back. It is clear from the statement recorded under Sections 161 and 164 Cr.P.C., that the victim is in India. The applicant has no previous criminal antecedents and he is languishing in jail since 16.03.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Atiqurrahman, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 Nitin Verma