Suleman vs State Of U.P.
2013 Latest Caselaw 4894 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22361 of 2013
 

 
Applicant :- Suleman
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dinesh Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

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

The present bail application has been moved by the applicant, Suleman in case crime no.350 of 2012, under Sections 395, 397 IPC, P.S. Saroorpur, District Meerut, with a prayer that he may be admitted to bail.

It is submitted by the learned counsel for the applicant that the first information report was lodged on 28.10.2012 in respect of an incident dated 26.10.2012 about the loot of buffaloes, inverters, mobile and cash. The applicant has been falsely implicated with the case. There is great delay in lodging of the first information report. There is no plausible explanation which casts doubt the prosecution story. No looted article was recovered from the possession of the applicant. He has been named in the first information report merely on suspicion. The co-accused Nafees who had been arrested on spot has already been granted bail. The co-accused Istekhar who is named in the first information report has also been enlarged on bail by the another Bench of this Court. The applicant has no criminal antecedent to his credit and is languishing in jail since 13.2.2013. In case he is enlarged on bail he will not misuse the liberty of bail.

On the other hand, the learned AGA has contended that the applicant is named in the first information report. There is active participation of the applicant in the commission of loot, therefore, the applicant does not deserve to be enlarged on bail.

In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, namely Suleman involved in case crime no.350 of 2012, under Sections 395, 397 IPC, P.S. Saroorpur, District Meerut, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

(i)The applicants will not tamper with the evidence during the trial.

(ii)The applicants will not pressurise/intimidate the prosecution witness.

(iii)The applicants will appear before the trial court on the date fixed.

In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.

Order Date :- 5.8.2013

Mustaqeem.