Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39729 of 2019 Applicant :- Sajid Opposite Party :- State Of U.P.
Counsel for Applicant :- M J Akhtar,V M Zaidi (Sr Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for the applicant has filed the photocopy of orders dated 16.9.2019 passed in Criminal Misc. Bail Application Nos. 34189 of 2019 (Sikandar vs. State of U.P.) and 34629 of 2019 (Sabir vs. State of U.P.), are taken on record.
The instant bail application has been filed for bail of applicant- Sajid, involved in Case Crime No. 131 of 2019, U/s 3/5/25 Arms Act, P.S. Sherkoat, District Bijnor.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and peruse the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated along with eight persons in this case by the police. Applicant has established a Madrasa for imparting the religious as well as other education to the scholars of local area, wherein, number of employees including teaching staff are also working. Learned counsel further submits that due to change of political scenario, a local mischievous person claiming himself as a leader of Hindu Jagran Munch managed the local police to implicate the applicant and his employees including teaching staff in this false case. A false recovery of either country-made pistol or pistol has been made from the possession of each person. No independent witness has been made of the alleged recovery. Learned counsel has further submitted that co-accused Sikandar, Sabir and Zafar Islam have already been enlarged on bail by the co-ordinate Bench of this Court. Applicant is law abiding person having no criminal antecedents. Applicant is languishing in jail since 10.7.2019. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Sajid involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 26.9.2019 Saurabh