Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49108 of 2018 Applicant :- Mehtab Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Sisodia,Mohd. Naushad,Virendra Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by the applicant- Mehtab for bail in Case Crime No.569 of 2016, under sections 395 and 412 I.P.C, Police Station Kairana, District Shamli.
Heard Mohd. Naushad, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. He has further submitted that a false recovery of Rs. 2600 and one Tamancha of 315 bore have been shown by the police. As per the First Information Report, an amount of Rs.55796 was looted. The applicant is in jail since 22.9.2016. If he released on bail, he will never misuse his liberty and will co-operate in the trial.
It has further been contended by the learned counsel for the applicant that co-accused Ahsan, having same role, has been granted bail by co-ordinate Bench of this Court vide order dated 7.12.2016 passed in Crl. Misc. Bail Application No.4277 of 2016, hence the applicant is also entitled for bail on the ground of parity.
Learned A.G.A. has vehemently submitted that the applicant has caused heinous crime and has criminal history, hence he is not entitled for bail.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and period of detention of applicant, without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Mehtab, involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.12.2018 G.S