Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5685 of 2019 Applicant :- Mahboob And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Preetam Yadav,Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by the applicants- Mehboob and Akbar for bail in Case Crime No.39 of 2016, under sections 396, 307,412 I.P.C, Police Station Nagla Khangar, District Firozabad.
Heard Sri Onkar Nath, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case. He has further submitted that the applicants are not named in the F.I.R, for the first time there names came into light in the statement of one co- accused Bahra on 27.4.2016. He has further submits that no incriminating article has been recovered from the possession of the applicants whereas co-accused Deshu and Bhooa having similar role have already been enlarged on bail. Copies of their bail applications has been annexed as annexure-8 to the bail application. The applicants are in jail since 27.4.2016. There is no possibility of expeditious disposal of trial pending against the applicants. If they released on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. has vehemently opposed and did not dispute the factual submission made by learned counsel for the applicants.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and period of detention of applicants, without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicants-Mehboob and Akbar, involved in the aforesaid case crime be released on bail on their furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not threaten or harass the prosecution witness.
(iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 31.7.2019 G.S