Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant has been falsely implicated on the basis of confessional statement of the co-accused. False recovery of motorcycle has been shown from the house of the applicant to which there is no public witness. Matter is triable by Magistrate. The applicant is in jail since 31.7.2020. The applicant has no previous criminal history.
The co-accused, Kafeel Ahmad and Punna have been enlarged on bail by coordinate Bench of this court vide order dated 18.1.2021 passed in Bail Application No.4750 of 2020. The other co-accused, Firoz Akhter @ Shanu has been enlarged on bail vide bail order dated 7.10.2020 passed in Bail Application No.4162 of 2020 and one other co-accused, Mohd. Saheem @ Rehan has also been enlarged on bail vide order dated 8.10.2020 passed in Bail Application No.4807 of 2020. Learned counsel for the applicant claims parity.
It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the period for which he is in jail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Mansoor @ Nuruddin Khan involved in Case Crime No.0139 of 2020 under Sections 41, 411, 413, 414, 419, 420, 467, 468, 471 and 34 Indian Penal Code, Police Station Mohammadpur Khala, District Barabanki, 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 25.1.2021 Madhu