Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23655 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. 140 of 2019, under sections 420, 379, 411 IPC and 66 D I.T. Act, P.S. Khandauli District Agra.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicants has contended 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 informant was not recovered from them. The alleged recovery was planted one with no independent public witness nor there is any criminal antecedent of the accused applicants. Hence bail has been prayed for during trial. The applicants are in jail since 02.04.2019.
Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.
After perusing the record in the light of the submissions made at the Bar, considering the entire 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.
Let the applicants Iqbal and Tahir, involved in above mentioned Case Crime number, be released on bail on their executing 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 applicants will not tamper with the evidences.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance are exempted by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below shall be at liberty to proceed to cancel their bail.
Order Date :- 6.6.2019 Meenu