Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56217 of 2019 Applicant :- Mahmood Ahmad Alias Jumman Baba Opposite Party :- State of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 679 of 2019, under Sections 365, 452, 392, 347, 506 and 120-B IPC, police station Cant, district Gorakhpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the first information report was lodged in this case on 18.7.2019 with regard to alleged incident dated 1.7.2019 against Meraj and his two associates for the offence under Sections 365, 452, 392, 347 and 506 IPC.
The submission of learned counsel for the applicant is that earlier informant Smt. Haseena had lodged first information report, which was registered as Case Crime No. 175 of 2018, under Seciton 376-D IPC, in which the applicant was arrested and is still in jail, and it is an admitted case of the informant that on the date of alleged incident dated 1.7.2019, the applicant was in jail. The only evidence of conspiracy has been brought on record against the applicant while Mohd. Meraj Jamal, who is named in the first information report has been granted bail by the coordinate Bench of this Court vide order dated 7.11.2019 passed in Criminal Misc. Bail Application No. 47535 of 2019 and two other co-accused persons of this case, namely, Mohd Ahmad Fezan Khan @ Faiz and Mohd Ayaj Jamal have also been enlarged on bail in this case by the coordinate Bench of this Court vide orders dated 30.10.2019 and 16.9.2019 passed in Criminal Misc. Bail Applications No. 45349 of 2019 and 36080 of 2019. It is again submitted that except two cases lodged by the informant of this case, the applicant is not having any other criminal history. It is contended by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 22.3.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Mahmood Ahmad Alias Jumman Baba be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.12.2019/Sumaira