Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35837 of 2018 Applicant :- Nawab Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Tariq Maqbool Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Nawab Ali with a prayer to release him on bail in Case Crime No. 190 of 2018, under Sections 379, 411, 427 IPC, Police Station Kasya, District- Kushinagar, during pendency of trial.
The allegation against the applicant is that he has ran away with the record of the case from the record room of the court of Judicial Magistrate, Kushinagar. He has been apprehended while tearing the record. The applicant has criminal history of one case explained in paragraph No. 12 of the affidavit in support of the bail application. The applicant is languishing in jail since 29.3.2018. 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 prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Nawab Ali 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 :- 20.9.2018 Ruchi Agrahari