Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17917 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Dilshad in connection with Case Crime No. 102 of 2019, under Sections 411 and 414 IPC, P.S. Jani, District Meerut.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and offence is triable by the learned Magistrate. He further submitted that the accused was arrested by the police and certain recoveries were alleged to have been made from the accused alongwith other accused but there is no public and independent witness of the alleged recoveries. He further submitted that the offence which has been alleged to have been committed by the accused is punishable with less than seven years. Lastly he submitted that the appellant is languishing in jail since 14.3.2019, having no criminal history and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dilshad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.4.2019 Pcl