Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18245 of 2018 Applicant :- Ruksan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Yadav,Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
The present bail application has been moved for enlarging the applicant Ruksan on bail in Case Crime No. 63 of 2018, under Sections 420, 467, 468, 471 I.P.C., PS-Bhot, District-Rampur.
It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is next contended that Muslim S/o Sabir brother of the applicant has purchased the alleged motorcycle Bajaj Pletina bearing Registration No. U.P. 22 M 0258 on 23.06.2014 from Automobiles, authorized Service Center Bajaj Auto Ltd., Kashipur Road, Darhiyal, Rampur, U. P. and no any forgery was committed by the applicant. It is next contended that during checking of the vehicle a little hot-talk took place between applicant and police personnel concerned and due to this reason applicant has been falsely implicated in this matter. It is lastly submitted that applicant is in jail since 21.03.2018 and he has no previous criminal antecedents.
On the other hand learned A.G.A. opposed the prayer for grant of bail to the applicant but admitted that accused-applicant has no criminal antecedents.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Ruksan be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 23.8.2018 AKT