Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44555 of 2021 Applicant :- Rakib Opposite Party :- State of U.P.
Counsel for Applicant :- Nasira Adil,Fakharul Islam Jafri,Sr. Advocate 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 Rakib seeking enlargement on bail during trial in connection with Case Crime No. 288 of 2018, under Section 8/20 N.D.P.S. Act, registered at P.S.- Kandhla, District-Shamli.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated and has not committed alleged offence. He further submitted that the applicant was not arrested on the spot. No incriminating article has been recovered from the possession of the applicant. The name of the applicant surfaced in the confessional statement of co-accused, Sunil, Anees @ Anil. The applicant has explained the criminal history in paragraph 25 of the affidavit filed in support of the bail application. Further submitted that the applicant is languishing in jail since 26.12.2020.
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 particularly the fact that the applicant was not arrested on the spot and nothing has been recovered from the possession of the applicant, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Rakib 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