Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10095 of 2018 Applicant :- Mahboob Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged on 1.12.2017 against unknown persons alleging that Noor Mohammad was kidnapped by unknown persons and they demanded ransom of Rs.4,00,000/-. Subsequently, he was recovered from the house of applicant Mahboob. Noor Mohammad in his statement recorded under Section 161 Cr.P.C. stated that for the purpose of 'jhar-phook' Mehboob has called him at his house, where he was beaten by him and other two unknown persons, and ransom was demanded.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 2.12.2017(more than three and half month) having no criminal history; he has been falsely implicated in the present case; some money of the applicant was due on Noor Mohammad and for that reason applicant called him; no demand of ransom was made; there was no independent witness; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mahboob involved in Case Crime No.604 of 2017, under Section 364, 342, 323, 504, 506 IPC, Police Station Jani, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018 P.P.