Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13119 of 2021 Applicant :- Gurnam @ Gami Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kumar,Km. Surabhi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Km. Surabhi, learned counsel for applicant and learned A.G.A. for State. Perused the record.
This bail application has been filed by applicant- Gurnam @ Gami, seeking his enlargement on bail in Case Crime No.256 of 2020, under section 379 I.P.C. and Sections 26 and 42 of Indian Forest Act, 1927, Police Station- Afzalgarh, District- Bijnor, during pendency of trial.
Perusal of record shows that in respect of an incident, which is alleged to have occurred on 07.09.2020, a prompt F.I.R. dated 07.09.2020 was lodged by first informant, Shabh Singh and was registered as Case Crime No.256 of 2020, under sections 379, 411 I.P.C. and Sections 41, 42, 52 and 26 of Indian Forest Act, 1927, Police Station- Afzalgarh, District- Bijnor. In the aforesaid F.I.R., five persons, namely, Mujeeb, Nayab Hasan, Saddu @ Shadab, Shahjad and Gurnam @ Gami, have been nominated as named accused.
As per allegations made in the F.I.R., it is alleged that accused persons committed theft of forest produce.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in above-mentioned case crime number. Applicant is in jail since 02.01.2021. As such on date, applicant has undergone more than three months of incarceration. Apart from this, there is criminal history of one more case of applicant, which he has been explained in paragraph-14 of the affidavit. It is then contended that co- accused, Mujeeb, Nayab Hasan and Mohd. Shahjad have already been enlarged on bail in above-mentioned case crime number. Their bail orders have been brought on record as Annexures-2 and 3 to the affidavit. On the aforesaid premise, it is urged that case of present applicant is similar and identical to above-mentioned co-accused. As such, applicant is liable to be enlarged on bail on the ground of parity. It is also contended by learned counsel for applicant that if applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
Having heard learned counsel for the parties and upon consideration of material on record, acquisitions made and complicity of accused, I am of the view that applicant has made out a case for bail.
Consequently, the bail application is allowed.
Let the applicant- Gurnam @ Gami, be released on bail in Case Crime No.256 of 2020, under section 379 I.P.C. and Sections 26 and 42 of Indian Forest Act, 1927, Police Station- Afzalgarh, District- Bijnor on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(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.
Order Date :- 8.4.2021 Saif