Allahabad High Court
Asif Alias Raju vs State Of U.P. on 10 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19777 of 2019
Applicant :- Asif Alias Raju
Opposite Party :- State Of U.P.
Counsel for Applicant :- Samit Gopal
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident was lodged against unknown and on the information of the informer the applicant and 5 other co-accused were arrested by the police on 18.3.2019. It is said that applicant and co-accused Shrawan Chauhan were going on motorcycle and other co-accused Sanjay Sonkar, Dilnawaz Ansari @ Laddan, Girish Baranwal and Bittu Verma were in DCM bearing Registration No. UP 65-T 2743. It is said that the alleged looted articles were recovered from the alleged DCM. It has further been submitted that at the time of recovery the applicant was not sitting in the aforesaid DCM. The allegation against the applicant is that the applicant and co-accused Shrawan Chauhan were going by the motorcycle. It has further been submitted that applicant has no concern with the alleged looted articles. He has falsely been implicated in the present case only on the basis of his confessional statement. It has further been submitted that there is no eye witness of the alleged occurrence. The co-accused Sanjay Sonkar and Bittu Verma have already been released on bail by this court and by another bench of this court vide orders dated 7.5.2019 and 2.5.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 19.3.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Asif alias Raju involved in Case Crime No. 23 of 2019, under section 302, 201, 392, 411, 413, 414 IPC, P.S. Shadiyabad, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 10.5.2019
Masarrat
