Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20536 of 2021 Applicant :- Saddam Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Ajay Kumar Mishra learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further argued that the applicant is not named in the first information report and the name of the applicant surfaced in this matter in the statement of the co-accused which is not admissible in evidence. It is next argued that nothing has been recovered from the possession of the applicant to connect him with this matter. Learned counsel for the applicant contends that no proper test identification parade has also been conducted. Learned counsel for the applicant further submits that all the criminal cases shown as criminal history have been duly explained in the affidavit accompanying the bail application. He is languishing in jail since 23.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Saddam involved in Case Crime No.
1584 of 2020, under Sections 392 IPC, P.S. Civil Lines, District -Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.10.2021 Faraz