Citation : 2016 Latest Caselaw 3425 ALL
Judgement Date : 7 June, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14953 of 2016 Applicant :- Mukhtar Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Mithal,J.
Heard Sri Rahul Kumar Tripathi, learned counsel for the applicant and the learned AGA for the State.
According to prosecution version the incident is dated 15.2.2015 when three persons on Motor bike stopped Golu @ Subham and Pankaj Kumar who were also on Motor bike and after looting them had fired. In the FIR no person is named. It is only after a month that the name of Farman and Mukhtar came to the light before the investing officer along with that of Nanha Yadav, the preparator of the crime.
The aforesaid Nanha Yadav has been granted bail by this Court vide order dated 15.10.2015.
The applicant is in Jail since 15.10.2015 and it is not possible to conclude the trial expeditiously. Therefore, looking to the aforesaid facts and circumstances as no one was named in the FIR and one of the persons whose name figured out later on had been granted bail, the applicant is also granted bail.
In view of the above, let the applicant Mukhtar Ahmad involved in Case Crime No. 46 of 2015 under Section 394,302, 411 and 420 IPC, P.S. Hathgam District Fatehpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall attend the trial pending before the court concerned on every date fixed after release unless specifically exempted.
2. He will not temper with the evidence/witnesses and co-operate with the trial.
3. He will not indulge in any illegal activities during the bail period.
The trial court before accepting the personal bond of the applicant shall record the photograph of the applicant and his proof of identity for verification, if necessary, on future dates when the applicant appears in the court.
The identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of any breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 7.6.2016
SKS
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