Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23633 of 2019 Applicant :- Nadeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Nadeem has prayed to release him on bail in Case Crime No. 188 of 2019, u/s 395, 411 I.P.C., P.S. Najibabad, District Bijnor.
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 he has been falsely implicated in this very case crime number, which was got registered under Section 394 of I.P.C. against unknown miscreant upon the report of Mohd. Ahsan at Police Station Najibabad on 30.3.2019 at 18:15 hours for an occurrence of 30.3.2019 at 9:45 hours. There was no recovery from him nor he is of any criminal antecedent. He has been apprehended in a planted recovery of arms act and on the basis of his confessional statement, he has been involved in this very case crime number whereas no independent public witness of above recovery is there nor he ever made any confession of present occurrence. 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 during trial.
Learned AGA has vehemently opposed the bail application but could not oppose this fact that accused applicant is of no criminal antecedent and there is no recovery from him. First Information Report was lodged against unknown miscreant.
Having heard learned counsels for both side and gone through the material placed on record but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Nadeem, 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 :- 6.6.2019 Kamarjahan