Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9187 of 2016 Applicant :- Tahar Singh alias Achchhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Singh,Akshaya Kumar Counsel for Opposite Party :- G.A.,Aditya Vardhan
Hon'ble Rajul Bhargava,J.
Heard Sri Akshaya Kumar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Tahar Singh alias Achchhan in Case Crime No.215 of 2015, under Sections 302, 201 and 120-B I.P.C., Police Station Moondapandey, District-Moradabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated in the present case. Only evidence against him is of last seen and during investigation on the information furnished by co-accused, Dharamveer alias Tinku Hansiya was recovered from the house of the applicant. It is argued that except the evidence of last seen and the alleged recovery, which too was not made on the pointing out of applicant though it was alleged that recovery was made from the house of the applicant, there is no other reliable evidence against him. It is pointed out that co- accused,Dharamveer alias Tinku has been granted bail by this Court in Criminal Misc. Bail Application No.35897 of 2016 vide order dated 1.2.2019. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 06.06.2015, also deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Tahar Singh alias Achchhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.2.2019/MN/-