Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18243 of 2019 Applicant :- Manzoor Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Manzoor Ahmad, who is involved in S.T. No. 570 of 2018 arising out of Case Crime No. 11 of 2013, under Section 459 I.P.C., P.S. Bhojpur, District Moradabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that accused-applicant was enlarged on bail in this case crime number, but owning to non-appearance on date fixed in trial court on the basis of alleged missing since 02.11.2018, his bail has been rejected, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of bail rejection order reveals that it was alleged misuse of bail since 02.11.2018, whereas absence has been satisfactorily explained by accused-applicant, hence considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Manzoor Ahmad, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 NS