Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Mahfooz alias Nanhey in case crime no.720 of 2009, under Section 395, 397, 412, 120-B IPC, P.S. Hayat Nagar, District Moradabad, with a prayer that he may be admitted to bail.
FIR was registered on 26.11.2009 against unknown persons with the allegation that they have taken away Rs.31,22,000/- and gold ornaments forcibly from the house of the complainant.
It is contended by the learned counsel for the applicant, that the applicant is not named in the FIR. The alleged recovery of golden articles were said to have been found from the possession of other accused persons, the complicity of the applicant came into light during the investigation and was connected with the alleged case of robbery. The applicant has been falsely implicated in the case. He has no criminal antecedents and is not previous convict. The other co-accused Rashid Pahalwan has already been enlarged on bail by this court on 8.6.2010 in Criminal Misc. Bail Application No.14267 of 2010. The applicant is in jail since 5.12.2009, and in case he is enlarged on bail he will not misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Mahfooz alias Nanhey involved in case crime no.720 of 2009, under Section 395, 397, 412, 120-B IPC, P.S. Hayat Nagar, District Moradabad, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 14.6.2010 Mustaqeem.