Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25026 of 2021 Applicant :- Junaid Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicant- Junaid Alam, who is involved in Case Crime No. 269 of 2019 under Sections 394 and 411 I.P.C., Police Station-Sarai Akil, District- Kaushambi.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; the applicant is not named in the F.I.R. Recovery of a countrymade pistol, cartridge and Rs.8,000/- has been allegedly made from the possession of the applicant. It is argued that there is no independent witness of recovery. It is also pointed out that co- accused,Mohd. Afsar alias Guddu alias Kane and Waseem have been granted bail by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 14417 of 2020 and 20818 of 2020 vide orders dated 15.06.2020 and 07.08.2020. The applicant is in jail since 13.01.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is also entitled for indulgence.
Learned A.G.A. appearing for the State has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 27.7.2021 MN/-