Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40401 of 2019 Applicant :- Shamshad Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shamim Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
It is contended by learned counsel for the applicant that allegation against the applicant is that he pasted photo of goddess Kali in an objection position in face book. It has been further submitted that there is no criminal history of the applicant and he has been falsely implicated in this case. In the first information report no date and time of occurrence has been mentioned. The applicant is only bread earner of his family as his father is handicapped since 2018. The applicant has not committed the alleged offence. The applicant is in jail since 3.5.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shamshad Ahmad involved in Case Crime No. 237 of 2019, under Section 153, 295A, 419 IPC and 67 of Information Technology Act, Police Station Sahjanwa District Gorakhpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019/Gss