HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30891 of 2015 Applicant :- Abdul Sattar Opposite Party :- State Of U.P. Counsel for Applicant :- R.K. Sharma,Abhas Sharma Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that the applicant has not been named in the FIR and he has been falsely implicated in the present case being the family member of the accused-Imran and due to ulterior motive and that the applicant has no criminal history. It is next contended that there is no possibility of the applicant from fleeing away with the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 1.7.2015.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Abdul Sattar, involved in Case Crime No. 1435 of 2014, under Sections 363, 366, 368 I.P.C., Police Station Kavinagar, District Ghaziabad, 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 breach of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 1.9.2015 Ashish Pd.