Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46550 of 2017 Applicant :- Rijwan Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Jaiswal,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No. 269 of 2017, under sections 394, 411 I.P.C., Police Station Dhaulana, District Hapur.
It is submitted by the learned counsel for the applicant that the FIR was unnamed. Later on, four persons upon two motorcycles including the applicant were arrested. One of the motorcycle has been connected with the present case. It is the submission of the counsel that the recovery that has been made is false and frivolous one. There is no independent eye witness of the recovery. The applicant has already been bailed out in Case Crime No. 829 of 2017 in Criminal Misc. Bail Application Nos. 910 of 2017 on 18.9.2017 by the Sessions Judge, Hapur. It is next contended that the applicant is in jail since 27.8.2017 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Rijwan be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.
Order Date :- 29.11.2017 N.A.