Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20583 of 2018 Applicant :- Farukh Opposite Party :- State Of U.P.
Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he was caught while stealing the goods of the informant and was arrested on spot.
The argument is that the applicant and the informant are neighbours and by mentioning the name of his friends in the locality, first information report was falsely lodged against the applicant only to harass him. The witnesses do not reside near the house of the informant or the applicant and reside in different locality. The applicant has criminal history of four cases explained in paragraph 16 of the affidavit, filed in support of bail application. The applicant is in jail since 29.3.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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 Farukh involved in Case Crime No.411 of 2018, under Sections 454, 380, 411, I.P.C, Police Station Kwarsi, District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.9.2018 T. Sinha