Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46462 of 2017 Applicant :- Zakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Faya Nath Dubey Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No.211 of 2016, under sections 394, 411, 420 I.P.C., Police Station Hasanpur, District Amroha.
It is submitted by the learned counsel for the applicant that the FIR was unnamed. Later on, four persons were arrested and in the confessional statement of the arrested persons the complicity of the applicant is being revealed. The applicant is said to have been fled away from the place of arrest. Nothing has been recovered from the applicant. The criminal history of the applicant is being explained in the supplementary affidavit. It is next contended that in case the applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 2.12.2016.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Zakir be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 before the bonds are accepted.
Order Date :- 29.11.2017 N.A.