Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24982 of 2019 Applicant :- Naushad Opposite Party :- State Of Up Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that he has been falsely implicated in the present case due to ulterior motive. The further contention is that this is a no injury case and none of the police personnels has sustained any injury as is clearly mentioned in paragraph No.10 of the affidavit, filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has also been submitted that the applicant is languishing in jail since 7.5.2019. It has been pointed out that the applicant is not having any criminal history.
Learned AGA has opposed the bail application of the applicant. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant-Naushad be released on bail in Case Crime No.142 of 2019 under Section 307 IPC, registered at P.S.- Fatehpur, District-Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 by the orders of the 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 activity.
(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 the 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 :- 25.6.2019 LN Tripathi