Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32530 of 2017 Applicant :- Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 580 of 2017 under Sections 489A, 489B, 489C and 489D IPC, Police Station Devband District Saharanpur, during the pendency of trial.
Learned counsel for the applicant contends that an amount of Rs. 72,000/- of fake currency is alleged to have been recovered from the accused-applicant while from the co-accused- Mohd. Hurrey, an amount of Rs. 53,900/- fake currency and other articles, which were alleged to have been used in making fake currency, were also recovered from the co-accused and he has been granted bail by this Court in Crl. Misc. Bail Application No. 42376 of 2017. It is further argued that he has criminal history of four cases and in three of them, he has been granted bail and in the fourth one, final report has been submitted, these facts have been mentioned in paragraph nos. 3 & 4 of the supplementary affidavit. The applicant is languishing in jail since 19.6.2017. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
Heard Sri Ashish Mishra, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
In view of above arguments, looking to the fact that co-accused has been granted bail and criminal history of the applicant has been well explained in the supplementary affidavit, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Usman involved in aforesaid 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.
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 :- 24.8.2018 A.P. Pandey