Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23601 of 2019 Applicant :- Iqbal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Upadhyay,Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Iqbal and Tahir have prayed to release them on bail in Case Crime No.219 of 2019, u/s 420, 467, 468, 471, 379, 411 I.P.C. and 66D I.T.Act, PS.
Sadar Bazar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicants have argued that the applicants are innocent and they have been falsely implicated in this very case crime number whereas articles alleged to have been recovered from them are of themselves. The documents of the same were produced before the police personnel. The alleged A.T.M. card of the informant was not recovered from them. The alleged recovery was planted one with no independent public witness nor there is any criminal antecendent of the accused applicants. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with the contention that there was recovery of ATM card from the accused persons and explanation for the same could not be offered by them.
Having heard counsel for both the parties and gone through the materials placed on record it is apparent that the report was against unkown persons. Subsequently recovery was planted against the accused applicants but the same has been claimed to be of the accused applicants. There is no independent public witness nor is any criminal antecedent.
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 applicants may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicants Iqbal and Tahir involved in above mentioned case crime number be released on bail on his executing personal bond and two reliable sureties each of them in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their 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 their bail Order Date :- 6.6.2019 Rk