Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51980 of 2019 Applicant :- Samar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Samar Khan, who is involved in Case Crime No. 945 of 2019, under sections 457, 380, 411 IPC, police station Kotwali Nagar, district Bulandshahr, is seeking enlargement on bail during the trial.
Submission of learned counsel for the applicant is that on 07.10.2019 first information report under sections 457, 380 and 411 IPC was lodged against unknown person. Thereafter, during investigation, on 11.10.2019, the police apprehended two persons, namely, Kashif and Samar Khan (present applicant) and shown a recovery of about Rs. 1,51,300/- (rupees one lac fifty one thousand three hundred) from the possession of co-accused Kashif and Rs. 1,41,480/- (rupees one lac forty one thousand four hundred eighty) from the possession of Samar Khan (applicant). On the basis of said recovery, the applicant has been falsely implicated in the present case. It is contended by the learned counsel for the applicant that recovered currency notes from the possession of the applicant have not been connected with stolen currency notes of present case. It is next submitted that there is no public or independent witness of the alleged recovery of currency notes. In fact, marriage of sister of applicant was fixed for 20.10.2019, therefore, an amount of Rs. 1,00,000/- (rupees one lac) was withdrawn from the Bank Account No. 040101000010729 of Indian Over Cease Bank, by the uncle of applicant on 04.10.2019. It is also submitted that prior to the present case, applicant has no criminal antecedent to his credit and is facing detention since 11.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Samar Khan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 Sazia