Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17397 of 2019 Applicant :- Javid Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Javid has prayed to release him on bail in Case Crime No. 268 of 2018, u/s 384, 504, 506 I.P.C., P.S. Rasoolpur, District Firozabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. The alleged demand was said to be made by Badrul Rahman for Rs. 5 lacs and threat was being extended by him. It was Badrul Rahman who abused and subsequently in alleged document, those named accused persons became adamant to assault on him while they were extending threat. Accused applicant is of no criminal antecedents. He is languishing in jail since long. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Javid, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2019 Kamarjahan