Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40734 of 2019 Applicant :- Saheer Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri R.K.Vaishya, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Saheer Khan in connection with Case Crime No.321 of 2018, under Sections 420, 406, 504, 506 I.P.C., P.S. Izzat nagar, District Bareilly.
As per allegation made in the first information report the accused Asif Khan had taken the building material from the complainant of more than Rs.7.5 lacs and initially Asif Khan had given some money for the aforesaid purchases and after sometime Asif Khan had not given the money and Rs.7.5 lacs of the complainant was due against Asif Khan.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant has neither taken any building material from the complainant nor he had done anything as alleged that the applicant has given threat to life to the complainant. He further submitted that there is dispute between the parties for payment of money and it is only civil dispute and criminal colour has been given just to harass the applicant.
Learned counsel for the applicant further submitted that the similarly placed co-accused Raees Khan has already been enlarged on bail by this Court vide order dated 17.9.2019 passed in Criminal Misc. Bail Application No.34717 of 2019, copy of the bail order produced by the learned counsel for the applicant is taken on record. He next submitted that the applicant is languishing in jail since 24.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the 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-Saheer Khan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.9.2019 SFH