Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11129 of 2018 Applicant :- Salim Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri P.K.Mishra, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It is alleged that five motorcycles and some related equipments were recovered from the joint possession of the applicant and other co-accused by the police on the information of informer while patrolling in the concerned area.
Learned counsel for the applicant in support of his prayer for bail submits that he has not committed any offence and has been falsely implicated in the present case due to ulterior motive. It is next contended that false recovery of motorcycles has been shown from the joint possession of the applicant and other cc-accused. The police roped in one another case after the present case in which he has been granted bail by the court below. It is also pointed out that the applicant has criminal history of two cases , but he is on bail in these cases, which has been properly explained in paragraph 7 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 31.1.2018.
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 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 Salim involved in Case Crime No.150 of 2018, under sections 411, 414, 420 I.P.C,,Police Station Quarsi, District Aligarh 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.
Order Date :- 28.3.2018 IA