Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24980 of 2019 Applicant :- Intzar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicants is that the accused-applicants have been falsely implicated in the present case due to ulterior motive. It is further contended that the applicants were earlier granted bail on 20.3.2015 and when the applicant could not appear on 2.8.2018, non-bailable warrants have been issued against them. It is also contended that it could not be said that there was any intention to jump the bail. It is lastly contended that the applicants are in jail since 14.5.2019 and in case applicants are enlarged on bail, they will not further misuse the liberty of bail.
Learned AGA has opposed the bail application of the applicants.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial, this Court is of the view that the applicants may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant-Intzar and Munazir be released on bail in Case Crime No.9 of 2015 under Sections 420, 467, 468, 471 IPC, registered at P.S.-Barsana, District-Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activity.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the 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 applicants to prison.
Order Date :- 25.6.2019 LN Tripathi