Applicant- Kalloo @ Mohd. Umar seeks bail in Case Crime No. 553 of 2013, under Section 392 IPC, Police Station Shikohabad, District Firozabad.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that more or less similarly placed co-accused Boby @ Hasin and Guddu @ Aiya have been granted bail by coordinate Benches of this Court on 10.9.2013 and 17.9.2013 respectively vide Criminal Misc. Bail Application Nos.25589 of 2013 and 27153 of 2013. Thus the applicant, being in jail since 5.11.2013 also deserves to be released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the abovementioned 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He 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 :- 19.2.2014 Mt/