Abdul Ajiz vs State Of U P

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43387 of 2017 Applicant :- Abdul Ajiz Opposite Party :- State Of U.P.

Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.

Hon'ble Abhai Kumar,J.

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. 409 of 2017, under sections 392,411 I.P.C., Police Station Dataganj, District Budaun.

It is submitted by the learned counsel for the applicant that the FIR was unnamed. Later on, on 15.7.2017 applicant is said to have been arrested with another person and Rs. 2700/- are said to have been recovered from the possession of the applicant. The recovery that has been made is false and frivolous one. There is no independent eye witness of the recovery and the recovered money belongs to the applicant. It is also the submission of the learned counsel that similarly placed co-accused Nazim has already been granted bail by another bench of this court in Criminal Misc. Bail Application No. 42635 of 2017 on 3.11.2017. It is next contended that the applicant is in jail since 15.7.2017 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.

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 Abdul Ajiz 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 :- 8.11.2017 N.A.