Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48670 of 2018 Applicant :- Tufail Ahmed Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submitted that the applicant has nothing to do with the alleged irregularities. Learned counsel also submitted that in similar other cases accused Munni Devi and Bhuvnesh Singh have been granted bail by another Benches of this Court in Criminal Misc. Bail Application Nos. 9639 of 2018 and 37963 of 2018 vide orders dated 26.11.2018 and 30.11.2018. The applicant is languishing in jail since 28.10.2018. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Tufail Ahmad involved in case crime No. 532 of 2018, under Section 3/7 of Essential Commodities Act, 65/66 of Information and Technology Act and Sections 420, 467, 468, 471, 34 IPC, PS Najibabad, district Bijnor, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2018 Ishrat