Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21421 of 2021 Applicant :- Nizam Opposite Party :- State Of U.P Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State through video conferencing and perused the record of the present bail application.
The present bail application has been filed by the applicant- Nizam with a prayer to enlarge him on bail in Case Crime No.338 of 2020, under Sections 379 and 411 I.P.C., Police Station- Amroha Deha, District-Amroha.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. It is submitted that the applicant denies the prosecution case and the ground taken in the bail application. It is submitted by counsel for applicant that the accused has falsely been implicated and the alleged file has not been recovered on his instance or from his possession. It is further submitted that there is no independent witness of the alleged occurrence. It is also submitted that the F.I.R. does not disclose the time of alleged offence. It is also submitted that though the office is equipped with the facility of C.C.T.V. Camaras, but no C.C.T.V. footage is available on record. It is submitted that the applicant has no previous criminal history and is languishing in jail since 12.12.2020 and further undertakes that he will not misuse the liberty in case he is released on bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant-Nizam involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
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 :- 25.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:00:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad