Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20109 of 2018 Applicant :- Naushad @ Bhoora Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Atul Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that he has been falsely implicated. It is further submitted that applicant is not named in the F.I.R., he has been implicated on account of a false recovery shown from the joint possession of applicant and two others. It is further submitted that alleged recovery has not been made in presence of any independent witness. It is further submitted that applicant has no other criminal history to his credit prior to the registration of the present F.I.R. It is further submitted that applicant is languishing in jail since 16.03.2018 and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that in view of recovery made from the possession of applicant, he does not deserve bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Naushad @ Bhoora be released on bail in Case Crime No. 227 of 2018, under Sections 392, 411 P.C., P.S. New Mandi, District Muzaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.5.2018 /Bhanu