Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41215 of 2018 Applicant :- Mohd. Mustkeem Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Mohd. Mustkeem seeking bail in Case Crime No. 128 of 2018, under Sections 364-A, 368 IPC, Police Station Rasoolabad, District Kanpur Dehat.
Learned counsel for the applicant has submitted that FIR has been lodged by the first informant against two unknown persons alleging therein that when his minor son aged about 9 years was returning from his school, on the way, the accused persons riding on motorcycle intercepted the victim and kidnapped him. He has further submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive. The name of the applicant has surfaced in the statement of co-accused Ilahi along with six other persons.
Learned counsel for the applicant has next submitted that similarly placed co-accused persons, namley, Shami Mohammad, Kamlesh and Ajmat have already been granted bail by this Hon'ble Court in Criminal Misc. Bail Application Nos. 18320 of 2018, 21033 of 2018 and 21256 of 2018 vide orders dated 16.05.2018, 19.06.2018 and 21.06.2018.
He has further submitted that the applicant is in jail since 25.05.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
On the other hand, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant that similarly placed co-accused persons have already been granted bail by this Hon'ble Court and the applicant is in jail since 25.05.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Mohd. Mustkeem be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant 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, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.10.2018 /Nadim