Rukhsar vs State Of U.P.
2019 Latest Caselaw 5904 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27235 of 2019
 

 
Applicant :- Rukhsar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Gajendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No.588 of 2018, under Sections 392 and 411 IPC, P.S. Kotwali, District Budaun.

The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that the alleged recovery which has been shown from the possession of the applicant is totally false. Offence is triable by the Magistrate. He further submitted that there is no public witness of the alleged recovery. He further submitted that the co-accused Pappu @ Vikaruddin has already been granted bail vide its order dated 13.5.2019 passed by another Bench of this Court in Criminal Misc. Bail Application No.19982 of 2019. He further submitted that the criminal history of the applicant has been properly explained in paragraph 2 of the supplementary affidavit. Lastly, he submitted that the applicant is languishing in jail since 6.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned AGA has opposed the bail plea.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Rukhsar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 9.7.2019

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