Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24822 of 2019 Applicant :- Jainuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 93 of 2019, under Sections 392, 406 I.P.C., Police Station- Kachhwan, District Mirzapur.
Learned counsel for the applicant submits that according to the prosecution case on 21.05.2019 the first informant gave Rs. 1,30,000/- to the applicant and one another person for purchasing chicken, and after some time the applicant contacted the informant and told that some unknown persons have looted them. The informant had an impression that the applicant and one another person have grabbed the entire amount and on this suspicion he lodged the present F.I.R. Counsel for the applicant further submitted that the applicant has been falsely implicated in the present case. He is not named in the F.I.R. He has not grabbed the amount. The recovery of Rs. 30,000/- which has been made from the possession of the applicant is false and afterthought. The offence is triable by the First Class Magistrate. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 23.05.2019.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail and submits that Rs. 30,000/- has been recovered from the possession of the applicant, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Jainuddin involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.6.2019 Rohit