Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20843 of 2019 Applicant :- Imtiyaj Alias Mister Opposite Party :- State Of U.P.
Counsel for Applicant :- Shabana Nizam,Ran Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Imtiyaj alias Mister, who is involved in Case Crime No. 245 of 2018, under Sections 419, 420, 409, 467, 468, 471, 411/34 I.P.C. and Section 66 Gha of Information Technology Act, P.S. Gambheerpur, District Azamgarh, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number on the basis of confessional statement of co-accused Sukkhu. Accused-applicant is of no concern with above occurrence. There was neither any account of accused- applicant nor was there withdrawal of any penny from his account. Accused-applicant is of no criminal antecedent. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and perused the material placed on record, it is apparent that F.I.R. was lodged against officers and officials of Bank concerned as unknown and during the course of investigation name of one co-accused Sukkhu came in light, who was apprehended and in his confession, name of accused-applicant was there. There was neither any account of accused-applicant nor was there withdrawal of any penny from his account. He is neither officer nor official of Bank concerned. Accused-applicant is of no criminal antecedent.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Imtiyaj alias Mister, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 NS