Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17481 of 2019 Applicant :- Musafir Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Agrawal,Jyoti Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Counter and rejoinder affidavits filed today by the parties are taken on record.
By means of this application the applicant Musafir has prayed to release him on bail in Case Crime No. 245 of 2018, u/s 419, 420, 409, 467, 468, 471, 411/34 I.P.C. and 66 Gha of I.T. Act, P.S. Gambhirpur, District Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number on the basis of confessional statement of co- accused Sukkhu. Accused-applicant is of no concern with above occurrence. There was neither any account of accused-applicant nor was there withdrawal of any penny from his account. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that F.I.R. was lodged against officers and officials of Bank concerned as unknown and during the course of investigation name of one co-accused Sukkhu came in light, who was apprehended and in his confession name of accused applicant was there. There was neither any account of accused -applicant nor was there withdrawal of any penny from his account. He is neither officer nor official of Bank concerned. Accused applicant is of no criminal antecedent. Under all above facts and circumstances, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Musafir, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 Pcl