Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30178 of 2019 Applicant :- Mohammad Haroon Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submits that the applicant has the valid licence for manufacturing firecrackers. Learned counsel for the applicant also submits that the applicant is manufacturing the firecrackers and running the shop for the last twenty years. He submits that injured Hari Om and Mahesh were the servant of the applicant, who were manufacturing the firecrackers when unfortunately the said incident took place. Learned counsel also submits that there is no chance of the applicant fleeing away from the judicial process. The applicant is languishing in jail since 02.5.2019. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Mohammad Haroon, involved in case crime No. 338 of 2017, under Sections 5, 9(B)(1)(a) of Explosive Act, 1984 and 286 and 338 IPC, police station Aliganj, district Etah, 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Ishrat