Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44121 of 2021 Applicant :- Gufran Khan @ Sonu Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Suresh Chandra Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that no prima facie case is made out against the applicant. In fact no forge receipt was used for transportation of the timber. Allegation levelled to this effect are false. Driver concerned, who is said to have been driving the vehicle in question, has not been arrayed as an accused. Referring to the provisions of Section 3 read with Section 28 of the Uttar Pradesh Transit of Timber and other Forest Produce Rules, 1978 it was further argued that maximum punishment for the offence under Section 28 of the aforesaid Rules is two years. It is also argued that the applicant is in jail since 08.09.2021. Criminal cases shown as criminal history have been duly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA 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 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 Gufran Khan @ Sonu involved in Case Crime No. 226 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 3, 28 of the Uttar Pradesh Transit of Timber and other Forest Produce Rules, 1978, P.S. Ali Nagar, District Chandauli be released on bail on furnishing 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 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 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.28 13:17:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad