Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15410 of 2019 Applicant :- Iqbal @ Hasir Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Iqbal @ Hasir has prayed to release him on bail in Case Crime No. 17 of 2019, u/s 420, 411, 465, 468, 471 I.P.C., P.S. G.R.P. Rampur, District Rampur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number on the basis of alleged recovery memo of Sub Inspector Devendra Kumar having contention that a motorcycle, which was stolen one, from police station Loni, District Ghaziabad, was recovered from possession of Moin and Iqbal @ Hasir and this was with changed number plate. Whereas there is no recovery nor any independent public witness. It was a planted recovery and alleged theft was of 16 years back. His criminal history is of one case of cow slaughtering, in which he has been enlarged on bail.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Iqbal @ Hasir, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 30.4.2019 Kamarjahan