Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8445 of 2019 Applicant :- Imran Opposite Party :- State Of U.P. Counsel for Applicant :- S. Rashid Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Imran seeks bail in Case Crime No. 340 of 2018, under Sections 323, 364 IPC, P.S. Jeanpur, District- Azamgarh.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per the allegations made in the first information report, the victim is said to have been taken away by as many as nine persons including the applicant, however the victim is shown to have been recovered on 29.11.2019 from the possession of Kaleem, Ashif, Saleem and Mohammad. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim in which it has been stated that the victim was taken from his house by the accused persons on the pretext of driving JCB, however the victim was taken away to several places and he overheard them saying that he be killed however he has been got recovered by the police. Learned counsel for the applicant has next submitted that there is no specific allegation made against the applicant even in the statement of the victim. Lastly, it is submitted that applicant is in jail since 7.12.2018 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. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and he fact that the applicant is in jail since 7.12.2018 and has no criminal history to his credit.
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 applicant Imran 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 :- 26.2.2019 KU