Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17159 of 2019 Applicant :- Imran Opposite Party :- State of U.P.
Counsel for Applicant :- S.M. Nazir Abbas Abedi Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the FIR is delayed by seven days and initially, FIR under Section 364 IPC has been registered against the unknown person. It is further stated that the name of three accused persons, namely, Jan Mohammad, Husain and Suhail has been surfaced in the statement of complainant/first informant-Iliyas and the name of the applicant surfaced in the the disclosure statement of co-accused Husain and Jan Mohammad. It is also submitted that the last seen evidence recorded by the investigating officer 161 Cr.P.C. on the statement of Asal and Asal Mohammad. It is further submitted that co- accused Suhail and Jan Mohammad have already been enlarged on bail by the another Bench of this Court vide order dated 30.9.2019 and 18.10.2019 passed in Crl. Misc. Bail Application Nos. 40645 of 2019 and 23549 of 2019. The case of the applicant is on better footing than the case of Jan Mohammad and Suhail. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 24.12.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Imran involved in Case Crime No. 1808 of 2018, under Sections 364, 394, 302, 201, 120(B), 328 IPC, Police Station-Lisari Gate, District-
Meerut, 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;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2019 Ankita