Case :- CRIMINAL MISC. BAIL APPLICATION No.…
release on bail with personal bond and two reliable sureties subject to standard bail conditions.
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Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48476 of 2019
Applicant :- Anjan Ali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.,Chandra Prakash Misra
Hon'ble Rajiv Gupta,J.
Sri Chandra Prakash Mishra, Advocate has filed vakalatnama on behalf of complainant, which is taken on record.
Heard learned counsel for applicants, learned counsel for the complainant, the learned AGA for the State and perused the record.
Applicants- Anjan Ali and Isme Aajam @ Husne Ajam seeks bail in Case Crime No. 214 of 2019, under Sections 147, 148, 149, 186, 342, 395, 436, 427, 504, 506 IPC and 7 Criminal Law Amendment Act, 2013, P.S. Ahirauli Bazar, DistrictKushinagar.
Learned counsel for the applicants has submitted that applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that as many as 79 nominated persons and 50-60 unknown persons are said to be involved in the present incident. Learned counsel for the applicants has next submitted that no specific role has been assigned to the applicants and in most general and vague manner, it is alleged that accused persons have been indulging in loot and has set on fire certain documents, which have been destroyed. Learned counsel for the applicants has next submitted that the applicants are in jail since 18.8.2019 and they have no criminal history to their credit. Lastly, it is submitted that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means.
per contra, Learned AGA as well as learned counsel for the complainant have opposed the prayer for bail, but could not dispute the aforesaid facts and could not point out any specific role assigned to the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any
opinion on merits of the case, I am of the view that the applicants has made out a case for bail.
Let applicants Anjan Ali and Isme Aajam @ Husne Ajam be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 14.11.2019 KU
2 issues framed by the court
Whether the applicants are entitled to bail in the criminal case alleging loot and arson.
Whether the applicants have made out a sufficient case for bail release.
Anjan Ali
Isme Aajam
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
