Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11544 of 2019 Applicant :- Kayam Beg Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Joshi,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 56 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali, District Moradabad is seeking enlargement on bail during the trial.
The brief facts of this case are that in Criminal Appeal No.6417 of 2017 (Shubham Vs. State of U.P.), this Court has passed an order dated 06.12.2017 and directed the District Magistrate, Moradabad to submit his report regarding the Transfer Certificate submitted by the convict accused Subham. It was pressed in appeal that at the time of incident, convict accused Subham was minor and he was convicted.
The matter was investigated and it was found that the Transfer Certificate submitted by the convict accused Subham was found to be fictitious and Transfer Certificate was issued by the School Authority, Firdaus Junior High School, in front of Takht Wali Gali, Mohammad Ali Road, Nai Basti, Moradabad and on the basis of the report, the first information report was lodged. The name of the applicant Kayam Beg was surfaced and this accused Kayam Beg has submitted this false T.C. in the High Court with an affidavit and this accused is in jail since 12.12.2018.
Learned counsel has further submitted that the T.C. was given to him by someone else, he has just deposit in the Court and the alleged offence is triable by Magistrate and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate the trial.
The prayer for bail has vehemently been opposed by learned A.G.A.
In view of the above, let the applicant- Kayam Beg involved in the aforesaid crime be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2019 SFH