Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18504 of 2019 Applicant :- Nadeem Opposite Party :- State of U.P.
Counsel for Applicant :- Jamil Ahamad Azmi Counsel for Opposite Party :- G.A.,Vinay Kumar Singh
Hon'ble Suresh Kumar Gupta,J.
This is the Second Bail Application of the applicant. When the First Bail Application was firstly, 'rejected' and later on, 'released' by Hon'ble Mr. Justice J.J. Muneer then after nomination, this Second Bail Application of the applicant is listed before this Court today.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the main co-accused Arif @ Bhoora and the other co-accused Sachin have already been granted bail by the another Bench of this Court vide orders dated 21.11.2019 and 3.4.2019 passed in Crl. Misc. Bail Application No. 51215 of 2019 and 12448 of 2019, respectively. It is further submitted that the applicant is not named in the FIR and his name surfaced in the case during the course of investigation. It is also submitted that as per allegation, no specific role of alleged abduction is against the applicant. It is also submitted that no role of rape has been assigned against the applicant. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 18.8.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Nadeem involved in Case Crime No. 586 of 2018, under Sections 364, 376D, 465, 414 IPC and 3/4 POCSO Act, Police Station-Kotwali, District Shamli, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 Ankita