Fareed vs State Of U.P.
2012 Latest Caselaw 5944 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32120 of 2012
 
Petitioner :- Fareed
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Gaurav Kakkar
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

The present bail application has been filed by the applicant in case crime No. 482 of 2012, under Sections 394, 307, 411 IPC,  police station Chandpur, District Bijnor with the prayer to enlarge him on bail.

It is contended by the learned counsel for the applicant that  a tractor is alleged to have been recovered from the possession of the applicant when in fact no such recovery has been affected from the applicant nor there is any independent witness of the alleged recovery.  It is further contended that no test identification parade has been conducted in the present case.  It is further argued by learned counsel for the applicant that the applicant was apprehended in a police party firing no injury case and he has been falsely implicated in the present case due to ulterior motive.  Learned counsel for the applicant further contended that there is only one case under Section 25 Arms Act against the applicant which was registered after lodging of the present case.  It is next contended by the learned counsel for the applicant that the applicant is in jail since 24.8.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Perused the first information report as well as averments contained in the bail application.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Fareed, involved in case crime No. 482 of 2012, under Sections 394, 307, 411 IPC,  police station Chandpur, District Bijnor  be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

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 default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.

Order Date :- 7.12.2012/faraz