Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17670 of 2021 Applicant :- Nadeem Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Pratap Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is next argued that in the alleged incident no police official has sustained any injury and that even as per the prosecution version, it was the applicant, who has sustained injuries. It is contended that there is no independent witness of the alleged incident and a false recovery of a country made pistol was shown against the applicant and there is no independent witness of the alleged recovery. It is next submitted that the prosecution version regarding encounter with police is thoroughly false and concocted and that so far as the case regarding alleged recovery of a lady is concerned, the applicant had already been granted bail in that case by this Court vide order dated 28.9.2021 passed in Criminal Appeal No. 1753 of 2021, copy of which has been produced before the Court and is taken on record. It was further submitted that the criminal history of the applicant has duly been explained and he is on bail in other cases shown against him. It is lastly contended that the applicant is languishing in jail since 05.8.2020 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Nadeem involved in Case Crime No. 0242 of 2020, under Sections 307 of IPC, Police Station Knowledge Park District Gautam Budh Nagar be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 Faraz