Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22906 of 2019 Applicant :- Irshad Alias Sukadi Alias Raees Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Irshad Alias Sukadi Alias Raees seeking bail in Case Crime No. 585 of 2019, under Sections 411, 482 IPC, P.S.Sihani Gate, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that from the possession of the applicant alongwith Idarish an Alto Car is said to have been recovered, however, the said car has not yet been connected with any crime. The criminal history of the applicant has been explained in paragraph 2 of the supplementary affidavit filed today and in all the said cases he has already been acquitted.
It is lastly submitted that the applicant is in jail since 9.4.2019 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Irshad Alias Sukadi Alias Raees be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.5.2019 R