Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22623 of 2019 Applicant :- Wasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Wasim has prayed to release him on bail in Case Crime No. 41 of 2019, u/s 392, 411 I.P.C., P.S. Anoopshahar, District Bulandshahar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered against unknown person. Subsequently, a recovery was planted against accused applicant, in which alleged recovery of Rs. 15,000/-, which is being claimed by accused applicant to be of his own and was with no specific mark of identification. Till above arrest, there was no criminal history but subsequently, three cases were planted against him. Co-accused Ankit Mavi with same accusation has already been enlarged on bail by this court vide order dated 22.5.2019 passed in Criminal Misc. Bail Application No. 21475 of 2019. Hence bail has been prayed for.
Sri Munne Lal, learned AGA has vehemently opposed the bail application.
Having heard learned counsel for both sides and gone through the evidence, placed on record, it is apparent that accused applicant was not named in the FIR and recovered amount of Rs. 15,000/-, is being claimed to be of him. He was of no criminal antecedent till above date of arrest. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Wasim, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.5.2019 Pcl