Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36264 of 2021 Applicant :- Mohammad Saeed Opposite Party :- State of U.P.
Counsel for Applicant :- Imtyaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. As per prosecution version, applicant was apprehended by Forest Department Officials and a cheetal trophy and one axe were recovered from him. It has been submitted that there is no independent witness of alleged recovery and that the alleged recovery was planted upon him. It was stated that prosecution version is false and improbable. It was stated that criminal history of two cases has been shown against applicant but he is on bail in both the cases and the same has duly been explained in supplementary affidavit. It has been submitted that the applicant is languishing in jail since 06.07.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Mohammad Saeed involved in Range Case No.07 of 2021-22, under Sections 27(i), 9, 48A, 49, 31/51(1)C, Wild Life Protection Act, Range, Mahof, P.S. Neoriya Husainpur, District Pilibhit, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj