Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24844 of 2019 Applicant :- Riyaz And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Krishna Pandey,Manish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge him on bail in Case Crime No. 147 of 2019, under Sections 401, 411, 414, 419, 420 & 468, Police Station Bhadohi, District Bhadohi.
Learned counsel for the applicants submits that according to the prosecution on 07.04.2019 five persons were arrested on the spot. Two motorcycles and Bolero were recovered and it alleged that they have changed the number plates of motorcycles. Sakeel, Akeel and Israil have been granted bail on 28.05.2019 by the Sessions Judge, Bhadohi. Applicant no. 1, Riyaz has three cases criminal history in which two cases, Case Crime No 148 of 2019 under Section 8/20 N.D.P.S. Act and Case Crime No. 149 of 2019, under Section 4/5 Explosive Act has been registered along with in another Case Crime No. 71 of 2019, under Section 379 I.P.C. in all the cases he has been falsely implicated. Applicant no. 2, Ashu Miya Ansari has a criminal history of 5 criminal cases including the present Case Crime No. 148 of 2019 under Section 8/20 N.D.P.S. Act and Case Crime No. 149 of 2019 under Section 4/5 Explosive Act have been registered with the present case Crime No. 387 of 2015 under Section 8/20 N.D.P.S. Act and Case Crime No. 99 of 2016 under Section 379 I.P.C. in both cases he is on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 07.04.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicants- Riyaz and Ashu Miya Ansari involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicants shall not tamper or pressurize the prosecution evidence.
2. The applicants shall appear on the date fixed by the trial Court.
3. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 21.6.2019 Rohit