Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7874 of 2018 Applicant :- Mohd. Tahir Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Kumar Rai,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.,Shiv Nath Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shiv Nath Singh, learned counsel for the opposite party no. 2.
The argument is that the applicant is not named in the F.I.R. The only allegation against the applicant in the statement of the informant recorded under Section 161 Cr.P.C., is that the applicant took some cheque from the informant which he has delivered to Sri Pawan Singh and Amit Singh, the accused named in the F.I.R., except this there is no allegation against the applicant. This allegation is required to be gone into by the trial court. The criminal history of the applicant has been explained in para-21 of the affidavit in support of the bail application. The applicant is in jail since 16.12.2017.
Learned A.G.A. and learned counsel for the opposite party no. 2 vehemently opposed the prayer for bail but they could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Mohd. Tahir, be released on bail in Case Crime No. 363 of 2017, under Section 406 I.P.C, P.S. Gorakhnath, District- Gorakhpur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 30.7.2018 Rohit