HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23471 of 2015 Applicant :- Nasir Khan Opposite Party :- State Of U.P. Counsel for Applicant :- S.Q. Khan Counsel for Opposite Party :- Govt.Advocate Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. The name of the applicant came into light on the basis of confessional statement of co-accused Dr. Anil Maurya alias Akhilesh Maurya. There is no other cogent evidence against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that applicant has no concern with the alleged incident. He has falsely been implicated in the present case only on the basis of suspicion. There is no criminal history of the applicant. The applicant is in jail since 30.4.2015.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Nasir Khan, involved in Case Crime No.2 of 2015, under Sections 302, 201, 120-B IPC, Police Station Lar, District Deoria, 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 13.7.2015 Hasnain