Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49558 of 2019 Applicant :- Gulafraz Opposite Party :- State of U.P.
Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 516 of 2019, under Sections 394 and 411 IPC, police station Loni Border, district Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 29.6.2019 first information report under Section 394 IPC was lodged against unknown persons. Thereafter, as per prosecution case, on the same day, applicant was apprehended by the police along with motorcycle involved in the present case. The applicant was not having any criminal history prior to 29.6.2019 and he is in jail since 30.6.2019. It is also submitted that after 29.6.2019, applicant has been implicated in two cases being case crime No. 517 of 2019, under Section 307 IPC and case crime No. 519 of 2019 under Section 25 Arms Act, in which he has already been enlarged on bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Gulafraz be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Sumaira