Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10413 of 2021 Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by learned counsel for the applicant that the applicant is not named in the first information report and he has been falsely implicated in the present case. It is further contended that the alleged recovery of Rs.40,000/- is false and there is no independent witness of the alleged recovery, which was said to be made on 31.12.2020, whereas the incident is dated 14.12.2020. It is also contended that three persons are alleged to be travelling in the Wagon-R Car and it is improbable that two full size heavy vehicle tyres can be recovered from the said car. It is next contended that co-accused Aadil and Hari Charan Singh have been granted bail by the Sessions Court on 17.03.2021 and 03.02.2021 respectively. It is further contended that there is no criminal history of the applicant and the applicant is in jail since 01.01.2021 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Nadeem, involved in Case Crime No. 873 of 2020, under Sections 395, 328, 412 I.P.C., Police Station Muradnagar, District Ghaziabad be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. shall not pressurize the prosecution witnesses.
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 5.4.2021 SKT/-