Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30128 of 2019 Applicant :- Javed Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Arun Kumar Sharma, learned counsel for the applicant as well as Ms. Seema Shukla, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case by the police with some ulterior motive. It is further submitted by the learned counsel for the applicant that the alleged recovery of 3 Kgs of gun powder and fire crackers from the possession of the applicant is false, fabricated and planted. In fact, no such recovery was effected from the possession of the applicant. It is also submitted by the learned counsel for the applicant that there is no witness of the alleged recovery. 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.The applicant is languishing in jail since 20.04.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he 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 therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Javed, involved in case crime No. 106 of 2019, under section 4/5 of Explosive Act, PS Aliganj, district Etah, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Sazia