Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17440 of 2019 Applicant :- Nadeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Ehtesham Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 892 of 2016, under Sections 392, 411 IPC, Police Station Muradnagar, District Ghaziabad during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the FIR was registered against three unknown persons that they had stolen motorcycle belonging to the complainant. It is further submitted that the incident is alleged to have taken place on 16.12.2016 while the applicant was arrested on 20.3.2017. Nothing has been recovered from the possession of the applicant and there is no independent witness to support the prosecution case. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The applicant is languishing in jail since 20.3.2017 and in case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Nadeem involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.4.2019 NS