Allahabad High Court
Wahid Ali Khan @ Lujja @ Munna vs State Of U.P. on 1 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18370 of 2019
Applicant :- Wahid Ali Khan @ Lujja @ Munna
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that according to the prosecution story there was an agreement between the informant and the applicant and on the basis of that agreement, potato was to be transported from Farrukhabad to Guwahati by truck of applicant. The truck was loaded with potato and started to reach Guwahati, but unfortunately due to defect in engine of truck, the potato could not reach at the destination. Consequently, FIR was lodged by the complainant against driver and truck owner only on the basis of suspicion.
Submission of learned counsel for the applicant is that applicant has been falsely implicated in this case as the truck in question was ultimately recovered along with potato just 4 km. away from Farrukhabad at Panchal Ghat Ganga Bridge. The FIR was lodged only on the basis of suspicion. There is no evidence against the applicant regarding his involvement in this case. The applicant is in jail since 14.12.2018 having no other previous criminal history against him. The dispute is of civil nature. He undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer of bail.
Considering the facts and circumstances of the case, nature of accusation against applicant, severity of punishment in case of conviction and the nature of supporting evidence, without commenting on the merits of the case, I find it a case for bail.
Let applicant Wahid Ali Khan @ Lujja @ Munna be released on bail in Case Crime No.1396 of 2018, under Section 406, 411 IPC, P.S. Farrukhabad, District Farrukhabad, 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 applicants to prison.
Order Date :- 1.5.2019
RCT/-
