Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49145 of 2018 Applicant :- Mohd. Asif Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 427/2018 under Sections 275, 335, 419, 420 IPC police station Bhojpur, District Moradabad with the prayer to enlarge the applicant on bail.
I have perused the entire record.
The contention as raised at the Bar by learned counsel for the applicant is that though the accused-applicant has been named in the FIR but he has been falsely implicated in the present case due to village party bandi; that the applicant has not committed any offence as alleged in the FIR; that the prosecution story is totally false; that the recovery as shown is totally false and fabricated; that none of the recovered medicine is obnoxious for human health; that the applicant has no criminal history; that the investigation of the case has been completed and the chargesheet has already been submitted; that the applicant is in jail since 05.10.2018 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, however, he does not rebut the aforesaid facts.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Mohd. Asif involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 20.12.2018 Anand Verma