Jabbar vs State Of U.P.
2019 Latest Caselaw 6314 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25837 of 2019
 

 
Applicant :- Jabbar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Zaid Arshad,Arshad Hamid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

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

By means of this application, the applicant who is involved in Case Crime No. 92 of 2019, under Sections 395, 412, 34 I.P.C., P.S. Janakpuri, district-Saharanpur, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive and the alleged recovery of Rs. 70,000/- which has been shown from the applicant's possession is totally false. There is no public witness of the alleged recovery. He next submitted that the applicant was not named in the FIR. The FIR was lodged against unknown miscreants with accusation of snatching by two persons. Further submission is that similarly placed co-accused Badshah @ Kamar has already been granted bail by another Bench of this Court vide order dated 10.6.2019 passed in Criminal Misc. Bail Application No. 23857 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 27.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Jabbar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 92 of 2019, under Sections 395, 412, 34 I.P.C., P.S. Janakpuri, district-Saharanpur subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 1.8.2019

Faridul