Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48829 of 2019 Applicant :- Sehzad Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Dhama 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 Sehzad, who is involved in Case Crime No. 691 of 2019, under sections 411, 414, 417, 413, 467, 468, 471 IPC, police station Baraut, district Baghpat, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 13.08.2019, police apprehended four persons, namely, Mustaqueem, Sehzad (applicant), Sazid and Amir and two motor cycles have been recovered from their joint possession. Thereafter, two separate cases were registered as Case Crime Nos. 669 of 2019 and 689 of 2019, in which the applicant has already been granted bail on 25.09.2019 by the court below.
As per prosecution case, on the pointing out of co-accused Amir, 20 motor cycles have been recovered from his possession, therefore, separate case being case crime no. 691 of 2019 has been registered against him, in which co-accused Amir has been granted bail by the co-ordinate Bench of this Court on the ground that there is no recovery of any motor cycle from his possession.
On the aforesaid submissions advanced on behalf of applicant, learned Additional Government Advocate was granted time to seek instruction in the matter vide order of this Court dated 05.12.2019 and to apprise the Court as to whether aforesaid recovered 20 motor cycles from the possession of applicant in this case are wanted in any other case or not.
Today, learned Additional Government Advocate apprise the Court that aforesaid recovered motor cycle from the possession of applicant, has not been connected in any criminal case till date.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is also submitted that prior to 13.08.2019, the applicant was not having any criminal history to his credit. The applicant is facing detention since 13.08.2019. 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 Sehzad, 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 :- 18.12.2019 Sazia