Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44898 of 2018 Applicant :- Azad Opposite Party :- State Of U.P.
Counsel for Applicant :- Brahma Kumar Tiwari,Omar Zamin Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Azad seeking bail in Case Crime No. 361 of 2018, under Sections 60(Ka) of U.P. Excise Act and section 272 and 273 IPC, P.S. Purkaji, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. The recovery shown from the possession of the applicant has been planted by the police. Learned counsel for the applicant has next submitted that similarly placed co-accused, namely, Manju and Irshad, who were arested on the spot have already been granted bail by this Court in criminal Misc. Bail Applications No. 36196 of 2018 and 36721 of 2018 vide orders daed 25.9.2018 and 26.9.2018. Lastly it is submitted that the applicant is in jail since 24.8.2018 and the applicant has no other criminal history to his credit and if he is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Azad 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 R