Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24468 of 2019 Applicant :- Mohammad Umar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed today is taken on record.
Heard Sri Shahroze Khan, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Mohd. Umar with a prayer to enlarge him on bail in Case Crime No.158 of 2018, under Sections 366, 504, 506, 120-B, 380, 411 I.P.C., Police Station Mohana, District Siddharth Nagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR on 13.11.2018 at 7.00 p.m. while the wife of the informant went to attend nature's call and his son Ashish was in the house, the applicant entered the house and after breaking the box took away cash with him besides the ornaments. When the informant's son saw the applicant taking away the cash, he raised alarm, hearing which the neighbours reached there and when the informant returned, his son narrated about the incident on which the informant went to the house of the applicant where he met his brother Natey who started abusing and threatening him. However, father-in-law Ram Chandra and brother-in-law Surendra reached there and they said that now his daughter, i.e. informant's wife will stay with the applicant. It has further been alleged that the applicant has enticed away the wife of informant with the support of his father-in-law and brother-in-law, but she is not traced out till today. Later a dead body was found which has not been identified till date. The father-in-law and brother-in-law of the victim had moved an application before the concerned police station stating therein that the informant is responsible for the missing of the victim. The applicant had only come to take away things from the house of the informant and has been falsely implicated in the present case. There is no evidence against the applicant regarding involvement in the present case. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 18.11.2018. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 25.7.2019 Anand Sri./-