Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46509 of 2017 Applicant :- Kadir Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No. 155 of 2017, under sections 392, 506 I.P.C., Police Station Jansat, District Muzaffarnagar.
It is submitted by the learned counsel for the applicant that the FIR was unnamed. Later on, co-accused Parvez was arrested in police firing case and in his confessional statement he has shown the complicity of the applicant in the present case. Nothing has been recovered from the applicant and the criminal history of the applicant is being explained in paragraph 11 of the affidavit that has been annexed with the bail application. It is next contended that in case the applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 10.8.2017.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Kadir be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 before the bonds are accepted.
Order Date :- 29.11.2017 N.A.