Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40668 of 2021 Applicant :- Shadab @ Mandki Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Deepak Rana, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that offences levelled in the present matter are not made out against the applicant.
C.C.T.V. footage said to have been collected in the matter is genuine or not is also not clear. Although applicant is named in the FIR but recovery is false, planted and is not supported with independent evidence. He is languishing in jail since 03.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. The applicant has no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shadab @ Mandki involved in Case Crime No. 429 of 2021, under Sections 380, 411 I.P.C., P.S. Khatauli, District Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.27 13:34:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad