Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14655 of 2019 Applicant :- Khairul Wasar Alias Raja Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary rejoinder affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Khairul Wasar @ Raja seeks bail in Case Crime No. 17 of 2019, under Sections 394, 411 IPC, P.S. Etmadaula, District- Agra.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that no offence has been committed by him and two mobiles are said to have recovered from his possession, which do not match with the looted mobiles of Manoj Kumar who has lodged first information report registered as Case Crime No. 17 of 2019. Lastly, it is submitted that applicant is in jail since 30.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The police report has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets. The criminal history of the applicant has been explained in paragraphs- 4 and 7 of the affidavit and in both the cases he has already been granted bail.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 30.1.2019.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Khairul Wasar @ Raja be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.5.2019 KU