Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40317 of 2019 Applicant :- Mohd. Tipu Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhawna Verma,Aradhana Singh,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 317 of 2019, under Sections 379 and 411 IPC and Section 66 of the Information Technology Act, P.S. Ecotech-III, District Gautam Budh Nagar.
The FIR was lodged by Vikas Mishra who was the chairman of the company namely Myelin Innovation Pvt. Ltd. and it was alleged in the FIR that company manufactured drone in association with Indian Defence and Research Organization and the present accused was working in his company and it was also mentioned in the FIR that on 24.4.2019 the accused had visited Pokhran and he had taken some photographs from Pokhran and the accused was sharing the information, which he has received while working in this company.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. It is further contended that the applicant is working in that company but no information was provided by the Indian Air Force Authority as alleged in the FIR. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. Offence which has been attributed to the present accused are punishable below seven years and triable by Court of Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 10.7.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mohd. Tipu Khan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019 Mini