The court allowed a bail application filed by Nadeem Handa in a theft case. Finding it a fit case for bail, the applicant was released on personal bond and two sureties subject to standard conditions.
Applicant released on bail on furnishing personal bond and two sureties.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13158 of 2021
Applicant :- Nadeem @ Handa Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Nadeem Handa, who is involved in Case Crime No. 525 of 2020, under Sections 379, 411 I.P.C. P.S.- Kairana, District- Shamli .
Learned counsel for the applicant(s) in support of his prayer for bail submits that the F.I.R of this case was lodged against unknown persons under Section 379 of I.P.C. Subsequently, police party apprehended the applicant and two other accused persons on 04.12.2020 and recovery of the motorcycle is shown from the joint possession of all the accused persons which has been connected to this case crime number. There is no independent witness of the alleged recovery. Criminal history of the applicant has been explained in para 12 of the affidavit and the applicant has been languishing in jail since 04.12.2020.
On behalf of State bail has been opposed.
There is nothing on record to establish that the informant has identified the applicant. In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Nadeem Handa, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 16.3.2021 PS
1 issue framed by the court
Whether the applicant is entitled to bail in case Crime No. 525 of 2020 under Sections 379, 411 I.P.C.
Nadeem @ Handa
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
