Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22950 of 2021 Applicant :- Meraj @ Netaji Opposite Party :- State of U.P.
Counsel for Applicant :- Sharib Salaman Ahmad Ansari,Saqib Meezan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Meraj @ Netaji in connection with Case Crime No.29 of 2021, under Sections 420, 467, 468, 471, 413, 411 I.P.C., Police Station Banna Devi, district Aligarh.
The first information report of this incident was lodged by the police against two named persons including the applicant. It was alleged in the first information report that on 15.01.2021 the accused were arrested by the police when the police were checking the vehicles at Sarsaul crossing and when they moved towards the Bhikampur they received an information by the police informer and the accused were arrested along with Swift Dzire car. Thereafter two Eicher Canter trucks were also recovered at the pointing out of the applicant and other co-accused persons. It was also mentioned in the first information report that the applicant and co-accused persons were stealing the vehicles and after changing their chasis number, engine number and making fictitious number plate and registration certificates they were selling them.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery from the applicant is totally fake and false as there is no public witness of the aforesaid recovery. He submitted that the applicant is sole earning member of the family to support the family. He submitted that the applicant is languishing in jail since 16.01.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, considering that there was no public witness of the recovery; the applicant is in jail for about ten months, the submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of
U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Meraj @ Netaji involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties 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. The applicant shall appear in the concerned police station on every Monday where he was arrested; the applicant will inform the concerned police station in writing in case he leaves the locality.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 R./ Digitally signed by Justice Ajit Singh Date: 2015.04.02 03:28:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad