Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29896 of 2019 Applicant :- Faisal Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Varun Kumar Vishwakarma, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Faisal in connection with Case Crime No.560 of 2019, under Sections 386, 506 I.P.C. & 67, 67A Information Technology Act, P.S. Kotwali Nagar, District Muzaffar Nagar.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant and the complainant are relatives. He further submitted that the applicant is the brother-in-law of the complainant. He further submitted that the applicant and the sister of the complainant were friends and they were chatting on the Facebook and no photographs were uploaded on the Facebook and there is no such evidence against the applicant. He further submitted that there is only allegation of demanding extortion from the complainant. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 23.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have 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 Faisal involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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.
Order Date :- 25.7.2019 R./