Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47051 of 2018 Applicant :- Sarfaraz Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Sarfaraz seeks bail in Case Crime No. 523 of 2017, under Sections- 379, 328 I.P.C., P.S.- Sardhna, District- Meerut.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per allegation three persons after giving intoxicant material to the complainant, has taken away his e-rickshaw and he was identified on the facebook.
Learned counsel for the applicant has next submitted that similarly placed accused Sartaj has already been granted bail by this court in Criminal Misc. Bail Application No. 47087 of 2017 vide order dated 01.12.2017. His criminal history has been explained in the paragraph 2 of the supplementary affidavit.
Lastly, it is submitted that applicant is in jail since 28.07.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant, Sarfaraz be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 Rohit