Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11138 of 2018 Applicant :- Hasim Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri Azhar Hussain, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It is alleged that some unknown persons has stolen the motorcycle of the complainant.
Learned counsel for the applicant in support of his prayer for bail submits that he has not committed any offence and has been falsely implicated in the present case due to ulterior motive. It is next contended that there is inordinate delay in lodging the report for which no plausible explanation has been given. The report was lodged against unknown persons and the applicant is not named therein. False recovery of motorcycles has been shown against the applicant and there in no independent witness of the alleged recovery. It is pointed out that the applicant has criminal history of one case which has been properly explained in paragraph 9 of the affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 6.1.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Hasim involved in Case Crime No.726of 2017, under sections 379, 411 I.P.C,,Police Station Shahganj, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 28.3.2018 IA