Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12699 of 2019 Applicant :- Naseem Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Wajid Ali,Syed Mohammed Jafer Husain Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Counter affidavit filed by learned AGA on behalf of the State is taken on record.
Heard Mr. Syed Mohammed Jafer Husain, learned counsel for the applicant as well as Mr. B.B. Upadhyay, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that nothing has been recovered from the possession of the applicant. There is no independent witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that co- accused of the case, namely, Nafees has been granted bail by co-ordinate Bench of this Court vide order dated 21.01.2019 in Criminal Misc. Bail Application No. 2681 of 2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 23.11.2018. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Naseem, involved in case crime No. 1024 of 2018, under section 3/25 Arms Act, PS Naubasta, District Kanpur Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 concerned before the bonds are accepted.
Order Date :- 29.4.2019 Sazia