Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the accused-applicant submits that applicant is not named in the F.I.R., later on theft vehicle was recovered from the house of Babu Khan and on the statement of Babu Khan complicity of the applicant came in the picture. He was in jail and summoned from the jail and this custody was in this case.
It is submitted by learned counsel for the accused-applicant that main accused ? Babu Khan has already been granted bail by another Bench of this Court vide order dated 26.08.2016, passed in Criminal Misc. Bail Application No. 20750 of 2016 - (Babu Khan Vs. State of U.P), copy of which has been provided by the counsel for the accused-applicant. It is further submitted that accused-applicant is falsely implicated in the matter.
It is next contended that the applicant is in jail since 24/25.01.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case that on the statement of Babu Khan, the name of accused-applicant was came in the picture, as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicant ? Zishan @ Chhotu, involved in Case Crime No. 08 of 2016, under Sections 379 & 411 of I.P.C, Police Station ? Atarsuiya, District ? Allahabad, be released on bail on his furnishing a personal bond and two local sureties each of the like 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.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 12.07.2016.
Vinod.