Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31268 of 2018 Applicant :- Imran And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Surya Nand Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against three accused persons, namely Imran, Anil and Suleman alleging that on 14.2.2015, 14 quintal wheat was recovered, which was the fair price shop.
It is submitted by learned counsel for the applicants that co- accused Anil has been enlarged on bail by co-ordinate Bench of this Court vide order dated 19.3.2015 in Criminal Misc. Bail Application No. 8359 and the case of the present applicants is identical to the case of co-accused who has been enlarged on bail, hence the applicants are also entitled for the same benefit; they have been falsely implicated; during investigation it was not found that from which fair price shop the said wheat was taken by the applicants or other accused; the applicant is languishing in jail since 17.7.2018 (more than two months); having no criminal history; there is no independent witness against the applicant and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicants have no criminal history and the case of the applicants is identical to the case of co-accused who have been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Imran and Suleman involved in Case Crime No. 0026 of 2015, under Section 3/7 of Essential Commodities Act, P.S. Chilkana, District Saharanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 OP