Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36420 of 2019 Applicant :- Mohd. Zaish Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit has been filed by learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Learned counsel for the applicant is permitted to make necessary correction in the prayer of bail application during the course of day.
Accused-applicant, involved in Case Crime No.255 of 2019, under Section 4/24 Arms Act, Police Station Kotwali, District Azamgarh, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. He further submits that nothing has been recovered from the possession of the applicant except a knife. Applicant is in jail since 11.7.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Mohd. Zaish be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 27.9.2019 Manoj