Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20966 of 2019 Applicant :- Shahid Alias Bala Ji Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shahid Alias Bala Ji has prayed to release him on bail in Case Crime No. 109 of 2019, u/s 420, 413, 414, 411 I.P.C. and 41/102 of Cr.P.C., P.S.
Kotwali, District Badaun.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number of which there was no independent public witness, wherein accused applicant has been shown to be pillion rider over scooty concerned. The same was said to be confessed to be stolen one and upon their pointing, 8 motorcycles with one scooty was said to be recovered from godown of Afsar Husain. Whereas, no such confession was ever made nor was there any recovery nor accused applicant is of any concern with above offence. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the fact that accused applicant is of no criminal antecedent.
Having heard learned counsels for both side and gone through material placed on record, it is apparent that accused-applicant was shown to be pillion rider over a scooty which was suspected to be stolen one. It was a confession alleged to be made by accused applicant resulting subsequent recovery from godown of Afsar Husain. There is no independent public witness nor any criminal antecedent. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shahid Alias Bala Ji, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Kamarjahan