Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41004 of 2018 Applicant :- Nasir Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against seven accused persons namely, Anil Kumar Mehrotra, Sonu, Himanshu Saxena, Kanti Devi, Jyoti Bhatnagar, Shakuntala Bhatnagar and Arun Kumar Bhatnagar alleging that arrears of Lekhpals by producing forged documents. During investigation, it was found that several other persons were also indulged in this crime.
Learned counsel for the applicant submitted that main accused- Anil Kumar Mehrotra has been enlarged on bail by co- coordinate Bench of this Court vide order dated 7.8.2018 in Criminal Misc. Bail Application No. 29656 of 2018 and the case of the present applicant is identical to case of the co- accused, who has been enlarged on bail; hence the applicant is also entitled for the same benefit; the applicant is languishing in jail since 3.10.2018 (about one month); having no criminal history; he is not named in the F.I.R.; the applicant is innocent and has been falsely implicated in the present case; there is no legal evidence against the applicant; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history. The case of the applicant is identical to co- accused- Anil Kumar Mehrotra, who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Nasir Ali involved in Case Crime No. 232 of 2018, under Sections 409, 420, 467, 468, 471, 120B I.P.C., P.S.-
Civil Lines, District-Moradabad 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:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 OP