Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21015 of 2018 Applicant :- Hanif Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Pathak 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, Hanif Khan with a prayer to release him on bail in Case Crime No. 231 of 2017, under Sections 420 IPC and 66-D of I.T. Act, Police Station Shahganj, District- Agra during pendency of trial.
By the orders dated 01.6.2018 and 9.7.2018 passed by this Court, the learned AGA was granted time to get the record relating to CCTV footage, on the basis of which, the accused was identified in this matter, but till date, the same has not been produced before the Court. The learned counsel for the applicant has argued that the applicant is not named in the FIR. There is no criminal history to his credit except one case under same Section wherein he has been enlarged on bail by the court below. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant is languishing in jail since 20.02.2018. 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 bail prayer 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 and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Hanif Khan 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 :- 26.7.2018 Ruchi Agrahari