Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52669 of 2019 Applicant :- Javed @ Kala Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Javed alias Kala, who is involved in Case Crime No. 748 of 2015, under sections 395, 412 IPC, Police Station Kairana, District Shamli, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that impugned first information report dated 01.11.2015 was lodged under section 392 IPC against unknown person. Thereafter, on 08.01.2016, co-accused Anees alias Nasa was apprehended by the police, who in his confessional statement has disclosed the names of three persons, namely, Javed son of Ikram, Javed alias Kala (the present applicant) and Mohsin. He next submitted that the co-accused, namely, Javed has already been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 40216 of 2016 vide order dated 21.11.2016. It is also submitted that criminal history of eight cases shown against the applicant has been explained in paragraph 29 of the bail application by contending that in all the eight cases, the applicant is already on bail. The applicant is facing detention since 15.01.2016. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Javed alias Kala, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by 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 applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.11.2019 Sazia