Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23544 of 2019 Applicant :- Rashid Qurasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Amul Kumar Tyagi,Prabhakar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, and Sri Om Narain Tripathi, learned A.G.A. and perused the record.
By means of this application, the applicant Rashid Qurasi, who is involved in Case Crime No. 25 of 2019, under Section 136 of Indian Electricity Act, 2003, and Section 5 of U.P. Electric Wire and Transformers (Prevention and Punishment of Theft) Act, 1976 P.S. Kithore, District Meerut, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He is of no criminal antecedent prior to date of alleged occurrence. First information report was lodged against unknown miscreants and a subsequent recovery was planted against co-accused persons. Accused-applicant was working as helper since last one year on vehicle owned by Shamim Ahmad. The Truck bearing Registration No. DL 1L AA 1168 was apprehended by police and a false recovery was planted, whereas no such recovery was from applicant nor there was any independent witness of alleged recovery. Co-accused Zulfikar Rangar @ Zulfeekar Rangar and Aasif have been enlarged on bail in Criminal Misc. Bail Application No. 14772 of 2019 by a coordinate Bench of this Court. Accusation against present accused-applicant is of lesser degree. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Rashid Qurasi, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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.
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 :- 6.6.2019 Pcl