Abushad @ Abbu vs State Of U.P.
2011 Latest Caselaw 3076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18819 of 2011
 

 
Petitioner :- Abushad @ Abbu
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Kailash Nath
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant and learned  AGA for the State and perused the record.

It is contended by the learned counsel for the applicant that the applicant was falsely implicated in the present case on the basis of alleged confessional statement of co accused. Nothing was recovered from the possession of the applicant.  In another case, the applicant was also  implicated along with other co accused. In the present case also there was no recovery from the applicant. The applicant is in jail since 29.12.2010,  therefore, he is entitled for bail. If the applicant is released on bail, he will not misuse the liberty of bail and  will co-operate  with the trial.

Learned AGA opposed the prayer for bail.

Considering the facts and circumstances  and the nature of the offence of the case, without expressing any opinion on the merit of the case, it is a fit case for bail.

Let the applicant  Abushad @ Abbu   be released on bail on his furnishing a personal bond and two  heavy sureties each in the like amount to the satisfaction of the court concerned in case crime no.  1124 of  2010,  under section  392  IPC, P.S. Sarai Khwaja,  district Jaunpur with the following conditions;

1.       The applicant will not tamper with the evidence.

2.       The applicant shall not pressurize/intimidate the prosecution witnesses during trial.

3.       The applicant will appear at the police station concerned in the first week of every  month  to show his good conduct and behaviour.

In defiance of any of the aforesaid conditions, the court will be at liberty to cancell the bail of the applicant and to take him into custody.

Order Date :- 26.7.2011

Gss