Heard Sri Alok Kumar, Advocate holding brief of Sri Shiv Ji Tiwari, learned counsel for the applicants, learned AGA for the State and perused the material on record.
It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in this case. The applicants are not named in first information report and nothing has been recovered from the possession of applicants and the entire recovery shown in the recovery memo is cooked up. It is submitted that co-accused Mohd. Aftab @ Mohd. Aabtab has been granted bail by co-ordinate Bench of this Court vide order dated 25.11.2020 passed in Criminal Misc. Bail Application No.41322 of 2020. Copy of which has been produced for perusal before the Court, which is taken on record. It is further submitted that the applicant has not committed any offence and it is a case of false implication of applicants. There is no possibility of applicants of fleeing away from the judicial process or tampering with the witnesses. He next submits that the applicants are in jail since 6.9.2020 and if released on bail, they will not misuse the liberty of bail. The applicants have no criminal history as mentioned in para 11 of the affidavit filed in support of bail application.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Ishtiyaq alias Nanhe and Mohd. Kaleem be released on bail in Case Crime No.312 of 2020, under Sections 395, 342, 506, 412 IPC, registered at P.S. Uttraon, District Prayagraj 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 :- 21.1.2021 Tamang