Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34016 of 2019 Applicant :- Furkan @ Bhura Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Furkan @ Bhura with a prayer to release him on bail in Case Crime No. 110 of 2014 (S.T. No. 903 of 2014), under Sections 147, 148, 149, 307 IPC, Police Station Sikhera, District- Muzaffar Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that applicant was enlarged on bail vide order dated 8.7.2014 by Sessions Judge Muzaffar Nagar thereafter he attended the trial and absented from trial from 30.11.2017.The submission is that applicant went to Punjab for working in brick-kiln where he was held captive by the owner of brick-Kiln,therefore he could not attend the court below.Applicant has criminal history of two cases which has been explained in the supplementary affidavit filed today in the court. The applicant is languishing in jail since 20.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, and without expressing any opinion on the merits of the case, let the applicant Furkan @ Bhura involved in the aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.8.2019 Atul kr. sri.