Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37763 of 2019 Applicant :- Mohd. Ikrar @ Nanhey Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned counsel for the applicant prays for and is allowed to correct the name of the applicant Mo. Ikrar to Mohd. Ikrar within the course of the day.
Office is directed to correct the computer record accordingly.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Mohd. Ikrar @ Nanhey with a prayer to release him on bail in Case Crime No. 371 of 2019, under Sections 354 Kha, 323, 504, 506 IPC, and section 8 POCSO Act Police Station Ijjat Nagar, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further submitted that the applicant and his other family members have been implicated in a totally false case in a thoughtful and strategic manner as Noor Jahan, who is real sister of the applicant has filed the complaint against Shamim, who is real sister of the first informant Niyazbano.The Shamim, who is a widow and real sister of the first informant had eloped with the brother-in-law of the applicant.The main role has been assigned to co-accused Gudda alias Ganta. The applicant is languishing in jail since 4.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Mohd. Ikrar @ Nanhey involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.9.2019 Atul kr. sri.