Mahboob Alias Raja vs State Of U.P.
2019 Latest Caselaw 5644 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27063 of 2019
 

 
Applicant :- Mahboob Alias Raja
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sandhya Singh,Kapil Kumar
 
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. 390 of 2019, under Sections 395, 397 and 412 I.P.C., P.S. Murad Nagar, district-Ghaziabad, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant was not named in the first information report and has been falsely implicated in the present case due to some ulterior motive. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery which has been shown from the applicant is false and fabricated. There is no independent public witness of the alleged recovery. No identification parade was conducted. Further submission is that all the offences are triable by Court of Magistrate. He also submitted that similarly placed co-accused namely, Mausam Ali and Intezar have already been granted bail by coordinate Benches of this Court vide orders dated 19.6.2019 and 28.6.2019, copy of the bail orders produced by learned counsel for the applicant is taken on record.

He lastly submitted that the applicant has no criminal history. He is languishing in jail since 18.5.2019 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 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, Mahboob Alias Raja 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. 390 of 2019, under Sections 395, 397 and 412 I.P.C., P.S. Murad Nagar, district-Ghaziabad 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 :- 8.7.2019

Faridul