Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40760 of 2019 Applicant :- Mohd. Arif Opposite Party :- State Of U.P.
Counsel for Applicant :- Lokesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This is a bail application on behalf of the applicant in connection with Case Crime No.131 of 2019, under Sections 411, 413, 414, 419, 420, 467, 468, 471 & 482 I.P.C., P.S.
Sarpataha, District Jaunpur.
As per the first information report when the police party was moving in the area then being received information from the police informar that one person is coming with one stolen Mahindra Bolero Pickup vehicle and when the police stopped the Bolero Pickup vehicle, then the present accused Mohd. Arif was found in that vehicle and when asked to furnish papers, he could not show the papers and he submitted that he along with other co-accused Nitin Mishra stolen this vehicle from Thana Chhetra Karma District Sonbhadra and he changed its registration number also and he was going to Sultanpur to sell this vehicle.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that there is no public witness of the alleged recovery and the offence is triable by the Court of Magistrate. He submitted that the applicant is languishing in jail since 22.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. 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 Mohd. Arif involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 30.9.2019 SFH