Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23838 of 2019 Applicant :- Waqar @ Raja Opposite Party :- State Of Up Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 134 of 2019 under Sections 394 and 411, Police Station Garhmukteshwar District Hapur with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case; that applicant-accused is not named in the FIR; that no recovery has been effected from the applicant; that the alleged tempo has been recovered from the possession of co-accused Naved; that co-accused Naved has not named the applicant at the time of recovery; that there is no criminal history against the applicant. It is further argued that the applicant is in jail since 30.4.2019 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Waqar @ Raja in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 10.6.2019 Mohit Kushwaha