Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30696 of 2018 Applicant :- Nihaluddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhanshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against unknown person (driver of rickshaw) alleging that on 19.4.2017 seven quintal rice was recovered for black marketing. During investigation, the name of the appellant was surfaced.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 4.7.2018 (more than two and half months); seven cases of criminal history have been explained; no case of this nature was registered against the applicant; he has been falsely implicated; he is not named in the F.I.R.; after five months of the incident; the name of the accused was surfaced; there is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Nihaluddin involved in Case Crime No. 138 of 2017, under Section 3/7 of Essential Commodities Act, P.S. Ghughli, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 OP