Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26130 of 2021 Applicant :- Dr. Nafees Ahmad Saifi Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. As per prosecution version, the counterfeit currency of Rs.7 lacs in the denomination of Rs. 500/- currency notes was shown from applicant and three co-accused persons, but there is no independent witness of alleged recovery. It has been submitted that the alleged recovery was planted upon the applicant and that there is no cogent evidence against the applicant regarding his involvement in any such incident. It was next submitted that there is absolutely no evidence that applicant has used the alleged counterfeit currency and even as per prosecution version, it was a case of merely of possession of fake currency. Learned counsel submitted that similarly placed co-accused Nazarul Hasan and Kamil Teli, who were apprehended along with applicant, have already been granted bail by co-ordinate Bench of this Court vide order dated 21.09.2021 and 29.09.2021, passed in Criminal Misc. Bail Application No.
23.022 of 2021 and 25222 of 2021. It was further submitted that criminal history of two cases was shown against the applicant but one of the case was imposed upon applicant along with present case and the applicant is on bail in both the said cases and that criminal history has duly been explained. Lastly, it was submitted that the applicant is languishing in jail since 07.02.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dr. Nafees Ahmad Saifi involved in Case Crime No. 42 of 2021, under Sections 420, 467, 468, 471, 489A, 489B, 489C, 489D IPC, P.S. Amroha Nagar, District Amroha, be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 A. Tripathi