Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39715 of 2018 Applicant :- Muqeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Irshad Ahmad,Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed on behalf of learned A.G.A. is taken on record.
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. 279 of 2018 under Sections 307 & 411, I.P.C. & Section 41/102 Cr.P.C., P.S. Asmauli, District Sambhal.
The contention of the learned counsel for the applicant is that the accused is quite innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that nothing incriminating has been recovered from the possession of the present applicant and the alleged recovery of a motorcycle is totally false and fake. He next submitted that there is no public witness of the alleged recovery and no identification parade was conducted during investigation by the police to ascertain the real culprits. Offence is triable by the Court of Magistrate. He further submitted that the co-accused Mohd. Sain who was having similar role, has already been enlarged on bail vide order dated 18.12.2018 passed by another Bench of this Court in Criminal Misc. Bail Application No. 48583 of 2018.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 04.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. 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 Muqeem 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 will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant 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 :- 26.7.2019 Shanu