Javed vs State Of U.P.
2016 Latest Caselaw 6936 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38710 of 2016
 

 
Applicant :- Javed
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ajay Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Harsh Kumar, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Learned counsel for the applicant contended that the applicant has falsely been implicated for attempting on the life of police personnel on 29.05.2015 by running over vehicle (Bolero Jeep) over the police personnel; that the entire prosecution story is false and concocted; that real fact is that applicant is owner of Bolero Jeep and used it for his personal use only. The police personal demanded the applicant's Jeep for carry them to Muzaffar Nagar alongwith families of Sub-Inspector and when the applicant refused to fulfill their demands, he has falsely been implicated; that the alleged injuries are superficial in nature, which can be self inflicted and are simple in nature; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant has no criminal history; that the applicant is in custody since 02.09.2016.

Learned A.G.A. opposed the prayer of bail.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicant ? Javed be released on bail in Case Crime No. 90 of 2015, under Sections 147, 148, 149, 307, 332 of I.P.C, Police Station ? Mundali, District ? Meerut,, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 09.11.2016

Vinod.