Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20020 of 2018 Applicant :- Saddam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri A.K.Mishra, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, FIR was lodged by the complainant against 4 named accused persons including the applicant alleging that all the accused were arrested from a mango orchard and from their joint possession four stolen motorcycles and country made pistol were recovered.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that nothing was recovered from his possession and he was also not arrested from the alleged place. The motorcycles allegedly recovered are not connected with any case crime till today. There is no independent witness of the alleged recovery and all the witnesses are police personnel. It is a case of no injury. The applicant was granted ball by the court below in this case on 3.7.2016, but after release on bail the police falsely implicated the applicant in another case in which he was sent to District jail, Moradabad, therefore he was unable to appear before the court below on account of which NBW has been issued against the applicant in the present case. The reason for his absconding has been properly explained in paragraph 11 of the affidavit filed in support of the 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 24.10.2017.The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Saddam involved in Case Crime No.258 of 2015, under Section 307 I.P.C., Police Station Hayatnagar, District Sambhal 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 ba Order Date :- 28.5.2018 IA