Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20132 of 2018 Applicant :- Shakeel Ahamad Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Atul Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
It is submitted by learned counsel for the applicant that applicant is not named in the FIR, his name has come into light during the course of investigation. In the confessional statement of the applicant while being in custody. It has been further submitted that a false recovery has been shown against the applicant to show his complicity in the offence. The said recovery has not been made in presence of any independent witness. It is further submitted that applicant is languishing in jail since 18.2.2018 having no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and without expressing any view on merit, I find it to be a case pf bail.
Let applicant Shakeel Ahamad be released on bail in Case Crime No. 33 of 2018, under Sections 420, 406, 411, 182 I.P.C., P.S. Kakroli, District Muzaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 29.5.2018 Deepika