The Court allowed a bail application filed by Nafees @ Poly accused of theft and looting implicating a gold chain. Granting bail based on parity with a co-accused and allowing execution of a personal bond with conditions.
Bail granted on personal bond with two sureties each, subject to conditions prohibiting tampering with evidence or witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41827 of 2019
Applicant :- Nafees @ Poly Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Chahar 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 Nafees Poly in connection with Case Crime No.17 of 2018, under Sections 392, 411 I.P.C., P.S. Tourism, District Agra.
As per the allegation of the first information report one gold chain of the mother of the complainant was looted by some 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 applicant was not named in the first information report. He submitted that the name of the applicant has surfaced in the confessional statement of the other co-accused, Sonu. 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 co-accused Shani @ Sonu has been admitted to the concession of bail by this Court by order dated 20.09.2019 passed in Criminal Misc. Bail Application No.37047 of 2019, copy whereof has been annexed on page no.32 of the bail application. He claims parity. He submitted that the applicant is languishing in jail since 04.05.2019 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. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the co-accused Shani @ Sonu has been admitted to the concession of bail by this Court, 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 Nafees @ Poly 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 :- 22.10.2019
R./
1 issue framed by the court
Whether bail should be granted to the applicant accused of theft and looting?
Nafees @ Poly
Ajit Singh
As recorded by the court registry
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