Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20125 of 2018 Applicant :- Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Mohammad Belal, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated due to ulterior motive. It is further submitted that a false recovery at the joint pointing out of applicant and co-accused has been shown to show the applicant's complicity in the offence, the said recovery has not been made in presence of any independent witness. The criminal history of the applicant has been explained in paragraph no. 13 of the affidavit filed in support of bail application. Applicant is languishing in jail since 14.03.2018 and he undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that in view of recovery made, applicant does not deserve bail.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Imran be released on bail in Case Crime No. 83 of 2018, under Sections 328, 379, 411 I.P.C., P.S. Hapur Dehat, District Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2018 Bhanu