Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24734 of 2019 Applicant :- Raja @ Ishtiyaq Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Supplementary affidavit filed which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Raja @ Ishtiyaq seeking bail in Case Crime No. 201 of 2019, under Sections 379, 411 IPC, Police Station Civil Lines, District Moradabad.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case; he further submitted that nothing has been recovered from his possession and there is no eye witness of the alleged recovery; Offence is triable by the Magistrate; submission is that the co- accused, Mohd. Shahid @ Wakeel, has already been granted bail by co-ordinate Bench of this court vide order dated 19.06.2019 in Criminal Misc. Bail Application No. 24752 of 2019. The applicant is in jail since 14.3.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the parity as claimed by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Raja @ Ishtiyaq be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 20.6.2019 Rohit