Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4044 of 2019 Applicant :- Azam Opposite Party :- State Of U.P. Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.) learned counsel appearing for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against unknown person alleging that on 24.11.2018 at night, Engat of iron from the factory of the complainant was stolen. Later on, it was recovered from the possession of Aas Mohd., Azam, Mohd. Danish and Idrish.
Learned counsel for the applicant submitted that co-accused- Aas Mohammad and Idrish @ Kakkan have been enlarged on bail by co-coordinate Bench of this Court vide order dated 22.1.2019 and 22.1.2019 in Criminal Misc. Bail Application Nos. 3020 of 2019 and 2980 of 2019 and the case of the present applicant is identical with the case of the co-accused, who have been enlarged on bail; hence he is also entitled for the same benefit; the applicant is languishing in jail since 2.12.2018 (about two months) having no previous criminal history; he is not named in the F.I.R.; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history and the case of the present applicant is identical to the case of co-accused who have been enlarged on bail.
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 the applicant Azam involved in Case Crime No. 854 of 2018, under Section 379, 411 I.P.C., P.S. Civil Lines, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant 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 him 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 :- 29.1.2019 OP