Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49213 of 2018 Applicant :- Ilyas Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ilyas seeking bail in Case Crime No. 497 of 2018, under Sections 147, 148, 332, 353, 341, 188 IPC and Section 7 of Criminal Law Amendment Act, Police Station Cant, District Bareilly.
Learned counsel for the applicant has submitted that in the present incident, as many as 46 known and 600-700 unknown persons have been falsely implicated on the allegation of road hold-up.
Learned counsel for the applicant has next submitted that even according to the prosecution own case, no injury has been caused to any person and no recovery whatsoever has been made from the possession of the applicant and apart from the said case, the applicant has been falsely implicated in another case on the same date.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in paragraph no. 5 of the supplementary affidavit and in the said case the applicant has not been named as accused and the F.I.R. has been lodged against 21 named persons and 300-400 unknown persons. The applicant is in jail since 26.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant along with 45 known and 600-700 unknown persons have been implicated in the present case without assigning any specific role to them and that the applicant is in jail since 26.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ilyas be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 20.12.2018 R