Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14229 of 2017 Applicant :- Malkiyat @ Goldi @ Sarfaraj @ Sharik Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant-Malkiyat @ Goldi @ Sarfaraj @ Sharik seeks bail in Case Crime No. 518 of 2016 under Sections 386 and 506 IPC, Police Station Sadar Bazar, District Saharanpur during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that The applicant is maliciously being prosecuted in the present case. The FIR has been been lodged on 11.12.2016 against the unknown person in respect of an incident said to have taken place on 08.12.2016 that when the complainant reached at hospital for check up of patient where he received a letter in respect of demand of Rs.20 lacs extending threat to life. The applicant was intercepted by the police personnel on suspicion on 11.12.2016 and was connected with the present case as well as in several other cases thereafter. There is no plausible explanation about the delay in lodging the first information report. The applicant has been roped in the present case at the inkling and connivance of the sympathizer of police personnel as he could not grease their palm. The applicant is not a previous convict. The applicant is languishing in jail since 13.12.2016 and in case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in a number of cases, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Malkiyat @ Goldi @ Sarfaraj @ Sharik involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Ruchi