A single judge granted bail to a motorcycle mechanic charged with robbery and theft, acquitting allegations of false implication and releasing him on a personal bond.
Released on bail with a personal bond and two sureties.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43910 of 2017
Applicant :- Chand Ashad Kureshi Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
Heard Sri Shyam Shanker Pandey, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant is a motorcycle mechanic and he has been falsely implicated in the present case. It is further submitted that recovery which has been shown from the pointing out of applicant is false one. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.6.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Chand Ashad Kureshi involved in Case Crime No.1023 of 2017 under Sections 379, 411, Police Station Kotwali Nagar, District Muzaffar Nagar 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.
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 :- 3.1.2018
Dev/-
1 issue framed by the court
Whether the applicant should be released on bail considering the reasonable apprehension of tempering of witnesses and lack of criminal antecedents.
Chand Ashad Kureshi
Vivek Kumar Singh
As recorded by the court registry
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