Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25676 of 2021 Applicant :- Samsuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Samsuddin seeking enlargement on bail during trial in connection with Case Crime No. 222 of 2020, under Section 3/5/25/26 of Arms Act, registered at P.S.- Trilokpur, District- Siddharth Nagar.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that nothing has been recovered from the possession of the applicant; that the recovery shown against the applicant in the recovery memo, is false and fabricated; that there is no independent witness of the said recovery; that the allegations levelled against the applicant are fully false and baseless. It is further submitted that procedure of search and seizure provided in Cr.P.C. was not followed. It is further submitted that the applicant runs a welding shop and the police wanted to get some welding work done by the applicant without payment and when the applicant refused to do so, he was implicated by the police. He next submitted that the applicant is languishing in jail since 04.11.2020.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Samsuddin involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 VPS