Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47925 of 2017 Applicant :- Shahbaz Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Shri M.P.S. Chauhan, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 852 of 2017, under Sections 363, 366 I.P.C, Police Station - Delhi Gate, District - Aligarh, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 19.10.2017. It is further submitted on behalf of applicant that he is not named in the first information report which has been lodged with delay of 5 months without any plausible explanation for the said delay, applicant's name for the first time came to light in the statement of witness Smt. Salma recorded after six months' of the alleged incident, except to the alleged last seen evidence of Smt. Salma there is no other evidence against applicant, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that applicant is not named in the FIR and he has no previous criminal history.
Considering the rival submissions of learned counsel for parties, material available on record, ground that applicant is not named in the FIR and he has no previous criminal history as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Shahbaz be released on bail in Case Crime No. 852 of 2017, under Sections 363, 366 I.P.C, Police Station - Delhi Gate, District - Aligarh, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.3.2018 A. Verma