Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18879 of 2021 Applicant :- Ishwar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, Sri R. K. Srivastava, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Recovery is false and planted and is not supported with any independent witness. It is a police encounter no injury case. None of the police personnel has sustained injuries. Criminal cases shown in the criminal history were planted at the time of arrest in this case. He is languishing in jail since 11.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ishwar Ali involved in Case Crime No. 93 of 2019, under Sections 307 I.P.C., P.S. Kotwali Dehat, District Etah be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.05.13 13:44:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad