Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22590 of 2019 Applicant :- Faheem Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
By means of this application the applicant Faheem has prayed to release him on bail in Case Crime No. 1228 of 2018, u/s 457, 380, 411 I.P.C., P.S. New Agra, District Agra.
Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated in the present case crime number due to ulterior motive. He is not named in FIR and his name is there on the basis of confessional statement of co-accused; no credible evidence whatsoever is forthcoming even prima facie indicating applicant's complicity in the commission of the alleged offence; co-accused Ravi with same accusation has been enlarged on bail by a coordinate Bench of this Court vide order dated 29.1.2019 passed in Criminal Misc. Bail Application No. 4157 of 2019. The applicant is of no criminal antecedent and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Hence bail has been prayed for.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, a case for bail is made out.
Let applicant Faheem, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2019 Pcl