Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23366 of 2019 Applicant :- Tafjeel Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Tafjeel has prayed to release him on bail in Case Crime No. 405 of 2019, u/s 386 I.P.C., P.S. Kotwali Nagar, District Muzaffar Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number owing to political rivalry. Neither he was named in the FIR nor was there any recovery from him nor voice identification was established. It was Aashu, who was apprehended and from whose possession alleged mobile phone was recovered and he is named in the FIR. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsels for both sides and gone through material placed on record, it is apparent that voice of Aashu was recognized by informant and recovery fo alleged mobile phone is from Aashu. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Tafjeel, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Kamarjahan