Court allows bail application for applicant falsely implicated in case of looting of three old persons, despite gravity of offence. Release granted on personal bond with sureties.
Applicant released on bail by executing personal bond and furnishing two sureties each.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33282 of 2019
Applicant :- Hasmuddin @ Shahrukh Opposite Party :- State Of U.P. Counsel for Applicant :- Pooja Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Hasumddin @ Shahrukh in connection with Case Crime No.280 of 2019, under Sections 395, 412 I.P.C., P.S. Civil Lines, District Aligarh,
As per the allegation made in the first information report that three old persons were looted by unknown persons.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the incident has taken place on 10.06.2019 and the applicant was arrested on 25.06.2019. He submitted that the alleged recovery shown from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He further submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that the applicant is languishing in jail since 25.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. 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 Hasmuddin @ Shahrukh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 23.9.2019 R./
1 issue framed by the court
Whether the applicant is entitled to bail in the present stage of investigation under Sections 395, 412 I.P.C.
Hasmuddin @ Shahrukh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
