Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44695 of 2019 Applicant :- Sameer Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant- Sameer Khan, who is involved in case crime no. 414 of 2018 under Section 395 and 412 I.P.C., Police Station- Babugarh, District- Hapur.
As per prosecution version, the gold and silver ornaments were stolen by some unknown persons from the house of the complainant and the present accused was arrested along with other co-accused persons.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he was not named in the FIR; that the alleged recovery shown by the police at the instance of the accused is from the house of the applicant, which is planted one; that there is no public witness of the alleged recovery and no proper identification parade was conducted by the police. Criminal history of the applicant has been properly explained in the supplementary affidavit. It is further submitted that co-accused Yusuf has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 41497 of 2019 by order dated 14.10.2019, copy of the bail order is annexed at annexure-9 to the affidavit accompanying this bail application. Claiming parity, pleading false implication it is lastly contended that the accused applicant is languishing in jail since 07.07.2019.
Learned A.G.A has opposed the prayer for bail.However granting bail to the co-accused and parity has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019//Fhd.