Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20735 of 2019 Applicant :- Shareef Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhitosh Mishra,Wahid Jamal Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Shareef seeks bail in Case Crime No.136 of 2019, under section 25 Arms Act, Police Station Atrauli, District- Aligarh.
It is argued by the learned counsel for the applicant that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that alleged recovery of country made pistol, cartridges and other equipments, is false, fabricated and planted. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent witness of the alleged recovery and the applicant has no concern with the alleged recovery. It is next submitted that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 07.04.2019. The criminal history of the applicant has been explained in paragraph 2 to the supplementary affidavit filed today in the Court, and is taken on record. In case he is enlarged on bail he will not misuse the liberty of bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant Shareef involved in aforesaid case crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 Shalini