Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17379 of 2019 Applicant :- Mohd Ali And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Mohammad Ali and Anwar Mirza @ Kabulee have prayed to release them on bail in Case Crime No. 51 of 2015, u/s 379 and 420 I.P.C., P.S. Badshahinaka, District Kanpur Nagar.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime number, which was lodged against unknown person for offence punishable under Section 379 and 420 I.P.C. There is no recovery of present case crime number from accused applicants rather they were apprehended and planted in other cases which were against unknown persons and this case was also connected with above. No independent public witness is there nor there was any recovery from accused applicants. They are of no criminal antecedents prior to above whereas six cases were planted after making alleged recovery in above case. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application on the basis of alleged criminal history.
First Information Report is against unknown person and there is no recovery of this offence of theft from both of accused applicants. They have been made accused on the basis of their confessional statement while they were apprehended in some other case. They are of no criminal antecedents prior to this occurrence. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicants Mohammad Ali and Anwar Mirza @ Kabulee, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2019 Kamarjahan