Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33273 of 2018 Applicant :- Imamuddin Opposite Party :- State Of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of the applicant, which is taken on record.
The learned counsel for the applicant has filed supplementary affidavit stating therein that the year of the case crime was wrongly mentioned as "2018" instead of "2017", which may be permitted to be corrected.
The prayer is allowed.
Learned counsel for the applicant is permitted to make necessary correction in bail application in Court today.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Imamuddin with a prayer to release him on bail in Case Crime No. 770 of 2017, under Sections 420, 467, 468, 471, 506 IPC, Police Station Dadari, District- Gautam Buddh Nagar, during pendency of trial.
Learned counsel for the applicant has contended that the co-accused Abdul Salam has been enlarged on bail by the court below on 29.5.2018, a copy of the said order has been annexed as Annexure No. 6 of the affidavit in support of the bail application. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 21.3.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant Imamuddin involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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 :- 31.8.2018 Ruchi Agrahari