Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23857 of 2019 Applicant :- Badshah @ Kamar Alam Opposite Party :- State Of Up Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
By means of this application the applicant Badshah @ Kamar Alam has prayed to release him on bail in Case Crime No.92 of 2019, u/s 395, 412, 34 I.P.C., P.S. Janakpuri, District Saharanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this case; that applicant was not named in the FIR; that similar recovery of Rs. 72,000/- was shown from co-accused Gulsher, who has already been granted bail vide order dated 04.06.2019 passed by this Court in criminal misc. bail application no. 23483 of 2019; that there was no independent public witness of alleged incident or of recovery; that First Information Report was lodged against unknown miscreants with accusation of snatching by two persons; that there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Accordingly, the bail application is allowed.
Let the applicant, Badshah @ Kamar Alam, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 10.6.2019 Rk