Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55889 of 2019 Applicant :- Shahnawaz Opposite Party :- State of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satyam Narayan, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shahnawaz with a prayer to release him on bail in Case Crime No. - 335 of 2019, under Sections - 147, 148, 149, 452, 307, 504, 506 I.P.C., Police Station - Sardhana, District - Meerut, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Ravindra and Ashraf have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 30000 of 2019 and 37350 of 2019 vide orders dated 26.07.2019 and 19.09.2019 respectively. For the reasons contained in those orders, the present applicant is also entitled for bail. In that regard, it has been emphasized that the general role has been assigned to the accused persons. As to the criminal history, there are five other case, wherein the applicant had been falsely implicated. However, he has enlarged on bail in four out of five cases, whereas the fifth case has been lodged after the applicant was implicated in the present case.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 16.12.2019 Saif