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Wazid Khan vs State Of U P

High Court Of Judicature at Allahabad|27 February, 2018
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JUDGMENT / ORDER

Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7667 of 2018 Applicant :- Wazid Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri D.K.Verma, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is next contended that the recovery has been shown from the possession of the applicant from public place, but there is no independent witness of the alleged recovery which shows that the false recovery has been shown. It is pointed out that the applicant has criminal history of seven cases, but he has been granted bail in all these cases by the competent court. This fact is mentioned in paragraph 9 of the affidavit filed in support of the bail application, which has been properly explained. It is also submitted that co-accused Gupta @ Montu has been released on bail by Coordinate Bench of this Court on 29.11.2017, copy of which is annexed on page 31 of the bail application.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 31.8.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Wazid Khan involved in Case Crime No.704 of 2017, under Sections 411,413 414, IPC and sec.12/14 D.A.A Act.,Police Station Kotwali, District Etawah be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, if not warranted in any other case with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the ba Order Date :- 27.2.2018 IA
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Title

Wazid Khan vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 February, 2018
Judges
  • Vivek Kumar Singh
Advocates
  • Dinesh Kumar Verma