Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30563 of 2019 Applicant :- Sabir Malik Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 1350 of 2015, under Sections 380 & 411 I.P.C., P.S. Loni, District Ghaziabad.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that the accused was earlier granted bail but he misused the liberty of bail.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 16.07.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sabir Malik be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) That the learned lower court is directed to release the applicant after taking two sureties of like amount from him.
iii) The applicant 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 :- 30.7.2019 Shanu