Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35490 of 2018 Applicant :- Mohd. Hasan @ Minahzuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case F.I.R was lodged against three accused persons, namely Brijesh Singh @ Toni, Pawan Patel and Vikesh Pandey @ Guru alleging that on 30.3.2018 from Tanker No. M.H.04 C.G.4390 and G.J.-05 Y.Y.8906 some loaded petrol was stolen. Subsequently, it was found that applicant was the driver of the tanker was also indulged in this crime.
Learned counsel for the applicant submitted that the driver of the tanker (applicant) is not named in the F.I.R. and when he moved release application of Tanker, the Police has roped the applicant falsely in this crime. In one way the petrol of the applicant was stolen by some person and in other way he is languishing in jail since 2.7.2018 (about four months); having no criminal history. The petrol was legally supplied by the Indian Oil in the Tanker of the applicant. Invoice has also been annexed in the bail application; no offence under Section 3/7 of E.C. Act is made out against the applicant; there is no independent witness; no complaint or F.I.R. was lodged from the side of the owner of the Tanker as well as from the side of the Indian Oil in the concerned Police Station; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mohd. Hasan @ Minahzuddin involved in Case Crime No. 92 of 2018, under Section 3/7 of Essential Commodities Act, 1955, P.S.-Mughalsarai, District-Chandauli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant 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 appellant 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 OP