Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53925 of 2019 Applicant :- Shahnawaj Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kumar Pal 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 Shahnawaj, who is involved in Case Crime No. 373 of 2019, under sections 411, 414 IPC, Police Station G.R.P. Kanpur Nagar, district Kanpur Nagar, is seeking enlargement on bail during the trial.
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 further submitted by learned counsel for the applicant that as per prosecution case, on 28.08.2019, the applicant was apprehended by the police along with three other co-accused persons, namely, Dharamjeet, Ashok and Amit Kumar showing a recovery of two mobile phones, an amount of Rs. 1600/- (rupees one thousand six hundred only) and 120 gms of Alprazolam from the possession of applicant. Thereafter, the applicant has been implicated in four cases being Case Crime No. 244 of 2019, 347 of 2019, 371 of 2019 and 373 of 2019 (present case). It is next submitted that except the present case, in all the aforesaid cases, the applicant has already been granted bail by Co-ordinate Bench of this Court vide orders dated 04.12.2019, 04.12.2019 and 03.12.2019 in Criminal Misc. Bail Application Nos. 53855 of 2019, 53856 of 2019 and 53412 of 2019 respectively. It is also submitted that the applicant has a previous criminal history of one case being Case Crime No. 1041 of 2010, under section 13 of Gambling Act, in which the applicant has already been enlarged on bail, averment in this regard has been mentioned in paragraph 8 of the bail application. The applicant is facing detention since 28.08.2019. 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 Shahnawaj, 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 :- 16.12.2019 Sazia