Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40720 of 2018 Applicant :- Auseek And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Girja Shankar Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Arif, Haidar Ali, Aushik, Saheem and Salman alleging that on 2.9.2018 they were arrested by the police and recovered 19 motorcycles.
It is submitted by learned counsel for the applicants that co-accused namely Haider Ali has already been granted bail by this Court vide order dated 23.10.2018 in Criminal Misc. Bail Application No. 40063 of 2018, since the role of the applicants is not distinguishable with the role of co- accused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. With regard to person and property, identification parade has not been conducted. Recovered motorcycles were not connected with any crime except one motorcycle. There is no independent witness against the applicants. They are languishing in jail since 2.9.2018 (near about two months) having no previous criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no previous criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Auseek, Saheem and Salman involved in Case Crime No. 728 of 2018, under Sections 41/411, 413, 414 IPC, Police Station Kotwali, District Fatehpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 A. Singh