Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10601 of 2017 Applicant :- Nadeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Fateh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA for the State and also perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Nadeem with a prayer to release him on bail in Case Crime No. 0238 of 2016 under Sections 392/411, IPC, Police Station Express Way, District Gautam Budh Nagar, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the first information report was lodged against four unknown persons on 09.09.2016 in resepect of loot of laptop, mobile phone etc from the complainant by four unknown persons on 09.09.2016. Submission of the learned counsel for the applicant is that the applicant was arrested on 26.09.2016 after lapse of 17 days of the alleged incident. The applicant is maliciously being prosecuted in the present case showing recovery of laptop and country made pistol. There is no independent witness to corroborate the prosecution case. No incriminating article has been recovered from the possession of the applicant. The applicant is languishing in jail since 26.09.2016 who is not a previous convict deserves to be released on bail. 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 by contending that the applicant is involved in the commission of loot. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserves any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Nadeem involved in the 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 :- 19.4.2017 Siddhant