Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29402 of 2019 Applicant :- Nazmul Hasan Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Nazmul Hasan Khan in connection with Case Crime No.563 of 2018, under Section 409 I.P.C., P.S. Kotwali, District Bareilly.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is a retired person, aged about more than 60 years and is suffering from various age related ailments. He further submitted that the applicant was not named in the first information report and his name has surfaced during investigation. He further submitted that it has been alleged in the first information report that certain money was transferred to the account of the applicant from the account of the college where the applicant was working. He further submitted that if any irregularity had been done, it has been done on the orders of the higher authorities of the college. He further submitted that the amount which was allegedly transferred in the account of the applicant has already been returned along with interest. He submitted that the applicant is languishing in jail since 15.04.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Nazmul Hasan Khan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 R./