Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41661 of 2016 Applicant :- Islam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Ojha,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons on the basis of mobile number 9568039446 alleging that forty lakhs were advised to deposit in the account of Samajwadi Party fund; during investigation it was found that one account was open on the name of Narendra Singh; the co-accused Raees, Hari Om, Musarraf Beg, Haneef @ Alamgeer and Amar Goswami and Islam were also involved in this fraud; Rs.5 lakhs from Raees, Rs. 20,000 from Hari Om, Rs. 5 lakhs from Musarraf Beg, Rs.2 lakhs from the possession of the applicant were recovered by the Police.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the applicant is an illiterate persons; except this accused all co-accused persons have already been enlarged on bail by Co- ordinate Bench of this Court; there is no possibility to get this case be decided short in near future; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 24.07.2016 (more than one year and eight months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and also admitted that all the co-accused have been enlarged on bail in the similar case.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Islam involved in the Case Crime No. 483 of 2016, under Sections 419, 420, 467, 468, 471, 120B I.P.C., P.S. Kurjanagar, District Bulandshahr be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018/A. Tripathi