Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44590 of 2021 Applicant :- Piyush Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Piyush seeking enlargement on bail during trial in connection with Case Crime No. 319 of 2021, under Sections, 420, 379, 411 I.P.C. and Section 52, 53 of Disaster Management Act, 2005, Section 3 of Epidemic Diseases Act, 1897, registered at P.S.- Majhola, District- Moradabad.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated and has not committed the alleged offence. The recovery of two syringe from the possession of the applicant is false. He further submitted that co-accused Saddam has been granted bail by the court below. He further submitted that after conclusion of investigation, the Investigating Officer has submitted charge sheet in the matter. Further submitted that the applicant is languishing in jail since 28.4.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Piyush involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 SA