Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56987 of 2019 Applicant :- Qadir Opposite Party :- State of U.P.
Counsel for Applicant :- Intekhab Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 1044 of 2019, under Sections 380, 457 and 411 IPC, police station Civil Lines, district Moradabad, is seeking enlargement on bail during the trial.
It is submitted by leaned counsel for the applicant that as per the prosecution case on 16.10.2019, the police apprehended two persons, namely, Qadir (present applicant) and co-accused Naseem. Learned counsel for the applicant further submitted that a false and fabricated recovery of one country made pistol of 315 bore, two live cartridges of 315 bore, an amount of Rs. 5,000/- (rupees five thousand), two necklace, one pair of earring, one pair of ear tops, one gold ring, one pair of silver anklet, one gold fronlet (jhumar) and one pair of gold ear tops, has been shown from the applicant, Qadir, and one country made pistol of 315 bore, two live cartridges of 315 bore, six bracelets, one necklace, one fronlet (teeka), three gold rings, one pair of silver anklet and one pair of silver toe-ring and an amount of Rs. 10,000/-(rupees ten thousand only) have been shown from the possession of co-accused, Naseem. Thereafter, a first information report was registered on 11.10.2019 as Case Crime No. 1044 of 2019 and on the basis of said recovery, applicant was also implicated in Case Crime No. 727 of 2019, under Sections 457 and 380 IPC, police station Civil Lines, district Moradabad. The submission of learned counsel for the applicant is that the applicant has falsely been dragged in the present case. Learned counsel for the applicant also submitted that prior to 16.10.2019, the applicant was not having any criminal history to his credit. It is again submitted that in fact on 16.10.2019 applicant was going along with co-accused, Naseem, who is having a criminal history, therefore, the applicant was also intercepted by the police along with co- accused, Naseem and implicated in this case. It is also urged that so far as the alleged CCTV camera footage is concerned, in which the applicant has not been identified as accused but he has been implicated in the present case only on the basis of suspicion.
It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 17.10.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Qadir be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 19.12.2019 Sumaira