Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20398 of 2018 Applicant :- Hanif Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant and Sri P.K. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 307 of 2018 under Sections 379 and 411 I.P.C., P.S. Kotwali City, District Bijnor.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; learned counsel for the applicant contended that accused is not named in the F.I.R.; no proper identification has been made of the accused; a false recovery of Rs. 4350/- is shown to have been made from the accused which he is claiming of his own; he has no criminal history; the accused applicant is in jail since 29.03.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Hanif involved in 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 :- 24.8.2018 A. Mandhani