Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31871 of 2018 Applicant :- Mohd. Wakeel And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Abrar Ahmad,Mohd. Jaid Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
Learned counsel for the applicants submitted that the applicants have not committed any offence but the police only to increase the gravity of offence implicated the applicants in the present case. He further submitted that the recovery which has been made from the applicants' possession was false and the same was fabricated by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 9.3.2018.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of six cases, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant has submitted that the has explained the criminal history in paragraph 9 of the affidavit accompanying the bail application.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Mohd. Wakeel and Imran alias Shahzade involved in Case Crime No. 29 of 2018, under Sections 41, 411, 414 and 307 I.P.C., P.S. Mahewaghat, district-Kaushambi be released on bail on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.8.2018 Faridul