Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34281 of 2019 Applicant :- Mohammad Faizal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 681 of 2019, under Sections 420, 406, 467, 468, 471, 120B, 504, 506 IPC, P.S. Phase-III, District Gautam Budh Nagar.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. It is further contended that the applicant was neither Director nor share holder of the alleged company he is merely an employee of the alleged company. It is further contended that although the applicant was named in the FIR but no specific role has been assigned to him. Offence is triable by the Magistrate. It is further submitted that the co-accused Aman, Aqil, Arif, Azeem, Asad, Zainul and Sameer @ Veer Rathor and Bilal have already been enlarged on bail vide its order dated 6.8.2019 and 13.8.2019 passed by this Court in Criminal Misc. Bail Application Nos. 31854 of 2019, 31766 of 2019, 31875 of 2019, 32623 of 2019 and 32674 of 2019. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 23.6.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA 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 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 Mohammad Faizal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
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.
Order Date :- 26.8.2019 Mini