Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39802 of 2019 Applicant :- Hafiullah Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadaful Islam Jafri, Shri Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Hafiullah in connection with Case Crime No.299 of 2019, under Sections 420, 467, 468, 471 I.P.C. and Section 14 of the Foreigner Act, 1946, P.S. Bhawan, District Shamli.
As per allegation made in the first information report that the police had arrested some foreigners and recovered some incriminating, PAN Card, bank pass book and ATM card, which they have got prepared from this country claiming themselves to be Indian nationals. The present accused was nominated in this case with the allegation that two foreigners were arrested from outside the gate of the institution, which was being run by the applicant and the applicant is the Manager of that institution. It has been further alleged that these two foreigners were residing in the institution, run by the applicant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant have been charge-sheeted under Section 14 of the Foreigner Act, which is punishable below seven years and triable by the court of Magistrate. He submitted that the previous criminal history of the applicant has been explained in paragraph no.26 of the bail application. He submitted that the applicant is languishing in jail since 28.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea and submitted that the applicant was harbouring the foreigners and they were residing in the institution run by the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Hafiullah involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.9.2019 R./