Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4023 of 2019 Applicant :- Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant, Ms. Reema Gupta (B.H.) appearing for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against the present applicant alleging that on 8.12.2018 he was arrested by the Police personnel with country made pistols of 315 bore, one live cartridges and empty cartridge of of 315 bore and semi country made pistol of 12 bore and instrument for manufacturing illegal arms.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 9.12.2018 (one and half months) one case of previous criminal history has been explained; recovery shown by the Police to show his good work onjy; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rashid involved in Case Crime No. 596 of 2018, under Section 3/5/25 of Arms Act, P.S.-Mansoorpur, District-Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date:-29.1.2019 /OP