Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23065 of 2019 Applicant :- Nazir Ansari @ Nazir Husain Opposite Party :- State Of U.P.
Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Nazir Ansari @ Nazir Husain has prayed to release him on bail in Case Crime No. 536 of 2018, u/s 395, 412, 120B I.P.C., P.S. Naagphani, District Moradabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, of which report was got lodged against four unknown persons for offence of robbery. Subsequently, in a police firing arrest, accused applicant along with four others were apprehended and this false recovery was planted. Whereas no such recovery was ever occurred nor there is any specific mark of identification or any identification parade of alleged property or any independent public witness was there. Accused applicant is is of no criminal antecedents. Co-accused Aasif has been enlarged on bail by this court vide order dated 13.5.2019 passed in Criminal Misc. Bail Application No. 19915 of 2019. Hence bail has been prayed for during trial.
Sri Shamsher Bahadur Maurya, learned AGA has vehemently opposed the bail application on the basis of alleged criminal history.
Perusal of FIR reveals that it was a report against four unknown persons. Subsequently, in police firing case, five persons have been apprehended, in which a recovery of alleged occurrence of robbery has been shown but there is no independent public witness of above recovery nor there is any specific mark of identification is there. Applicant is of no criminal antecedent. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Nazir Ansari @ Nazir Husain, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 Pcl