Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15411 of 2019 Applicant :- Sagir And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri Aishwarya Pratap Singh, learned counsel for the applicants as well as Shri S.S. Tiwari, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicants further contended that actually the police apprehended the applicants on 14.2.2019 and roped in the present case on 19.2.2019 by showing false and fabricated recovery of fire arm. Learned counsel for the applicants have brought on record email letters sent to the Chief Minister of U.P. and Director General of Police, U.P., Lucknow on 16.2.2019 indicating therein that police have taken the applicants and are likely to implicate them in either some crime or killed them in encounter, which shows that the recovery shown against the applicants are false, fabricated and planted. Learned counsel also submits that in fact no recovery has been effected from the applicants and the allegations made in the FIR are false and baseless. There is no independent witness of the recovery. The applicants are languishing in jail since 19.2.2019. They do not have any criminal history to their credit. In case the applicants are released on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicants Sagir and Hasmuddin, involved in case crime No. 31 of 2019, under Section 5/25 of the Arms Act, PS Hastinapur, district Meerut, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.4.2019 Ishrat