Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23935 of 2019 Applicant :- Wasim Ansari Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar 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. 176 of 2019, under Sections 420 IPC, 20/25 Indian Teligram Act 1933, 6 Indian Wireless Telegraphy Act, and 66F of Suchana Pradyogiki Sansadhan Adhiniyam 2008, P.S Kotwali Nagar, District Bulandshahar, with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that being brother of the main accused Imran Ansari, the applicant has been falsely implicated in the present case; there is no independent witness of the alleged incident; that the alleged premises, from where recovery was shown, belong to co-accused Imran Ansri; that the applicant has no concern at all with the alleged premises; that main accused Imran Ansari has been granted protection by this Court vide order 08.03.2019 passed in Criminal Misc. Writ Petition No.6204 of 2019 and his arrest was stayed till submission of police report, that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 26.02.2019, having no criminal history.
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.
Let the applicant Wasim Ansari involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties of heavy amount to the satisfaction of the 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.
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 :- 11.6.2019 A. Tripathi