Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15951 of 2021 Applicant :- Mohd. Hussain And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Mohd. Hussain and Javed, who are involved in Case Crime No. 57 of 2021, under Sections 323, 353, 506, 147, 394, 411 I.P.C. and 7 Criminal Law Amendment Act, P.S.- Thakurdwara, District- Moradabad.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and he has been falsely implicated in the present case. It is further submitted that as per FIR case no alleged offence of loot is made out against the applicants. The applicant is a valid consumer of electric connection. The applicant has been apprehended along with other co-accused by the police party on 23.01.2021 while the incident is of 21.01.2021. The alleged recovery has been falsely planted of which there is no independent witness of public. The applicant has been languishing in jail since 23.01.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicants, Mohd. Hussain and Javed, be released on bail in the aforesaid case crime number on his furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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, liberty is given to the trial court to cancel the bail of the applicants without any reference to this Court.
Order Date :- 5.4.2021 Prajapati