Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2994 of 2019 Applicant :- Sabir Langda Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri M J Akhtar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that false recovery of a one country made pistol and one live cartridge from the possession of the applicant. There is no independent witness of the said recovery. In fact no such recovery was made either from the possession of the applicant or on his pointing out. It is further submitted that applicant is a handicapped and physically disabled persons and his locomotive disability is 70%, reference in this regard is made to annexure-3 to the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.10.2018. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.12 of the affidavit accompanying the bail application.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing
any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Sabir Langda involved in Case Crime No.424 of 2018, under Section 3/25 Arms Act, Police Station Pipari, District Kaushambi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 22.1.2019 Dev/-