Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31333 of 2021 Applicant :- Shoiab And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case Crime No.172 of 2021, under Sections 379, 411 I.P.C., Police Station Aliganj, District Etah, applied for bail.
Learned counsel for the applicants submits in following manner :-
(i) Applicants are innocent and have been falsely implicated in the present case; they have committed no offence; entire prosecution story is false and fake.
(ii) The applicants are not named in F.I.R. but their name surfaced during investigation. Nothing has been recovered from the possession of the applicants. The recovery of cars have falsely been shown by police against the applicants. Both the cars belonged two districts i.e. Etah and Mainpuri. The offence is triable by Magistrate.
(iii) Applicants is in jail since 21.05.2021. There is no possibility of the applicants' fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicants.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicants deserve bail.
Accordingly, bail application is allowed.
Let applicants Shoiab and Faeemuddin be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 Manoj