Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50611 of 2019 Applicant :- Azad @ Salman Opposite Party :- State of U.P.
Counsel for Applicant :- Deependra Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Azad alias Salman, who is involved in Case Crime No. 2175 of 2019, under sections 411, 413 and 414 IPC, police station Shahibabad, district Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that on 12.10.2019, police apprehended the applicant and thereafter one motor cycle has been recovered from his possession. Further, on his pointing out on the same day, two motor cycles and four scooties were also recovered and as such, five cases have been registered against the applicant being Case Crime No. 2173 of 2019, 2166 of 2019, 2167 of 2019 and 913 of 2019 including the present case. It is further submitted that in all aforesaid four cases, the applicant has already been enlarged on bail by the court below. It is next submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is also submitted that the applicant is languishing in jail since 13.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
It is also submitted by learned counsel for the applicant that the applicant has criminal history of five cases, in which the applicant is on bail, while learned Additional Government Advocate pointed out that the applicant has criminal history of nine cases.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, further considering the fact that the applicant has been granted bail in four cases, pursuant to recovery of same day dated 12.10.2019. I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Azad alias Salman, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Sazia