Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11166 of 2018 Applicant :- Mubarik Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against unknown person narrating there in that on 29.9.2017 the son (18 months) of complainant Imamuddin was kidnapped by some unknown persons. On 30.9.2017 the child was recovered from the custory of Shehjad @ Gullu, Gulshad @ Dilshad and Imran by the police.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; except confessional statement before the police, there is no evidence against the accused; on recovery memo there is no independent witness; he is languishing in jail since 6.10.2017(more than five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Imran has been granted bail by this Court on 30.1.2018 vide Criminal Misc. Bail Application No. 48902 of 2017; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mubarik involved in Case Crime No.951 of 2017, under Sections 363, 363-A, 368 IPC, Police Station Loni, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018//A. Singh