Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12030 of 2021 Applicant :- Israel And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants with a prayer to enlarge him on bail in Case Crime No. 385 of 2020, under Section 8/21/29 of N.D.P.S. Act, P.S. Faridpur, District Bareilly.
It has been contended by the learned counsel for the applicants that the applicants have arrested on the basis of confessional statement of co-accused and no recovery has been made from them. Learned counsel for the applicants contended that the main accused Saleem @ Bhura has already been granted bail by order of this Court dated 4.11.2020 passed in Criminal Misc. Bail Application No. 35255 of 2020. It is averred in paragraph- 15 of the affidavit filed in support of the bail application that the applicants have already been enlarged on bail in Case Crime No. 363 of 2018 by the court concerned. It is also argued that the applicants are absolutely innocent and have been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize them. The applicants, who are in jail since 4.1.2021 deserves to be released on bail. In case the applicants are released on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activity.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail. Hence, the bail application is hereby allowed.
Let applicants Israel and Machchhan Khan be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the applicants may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.4.2021 Jaswant