Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20736 of 2010 Petitioner :- Akhter Hussain Respondent :- State Of U.P. Petitioner Counsel :- Jitendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA appearing on behalf
of State & perused the record.
It is contended by learned counsel for the applicants that the applicant has
falsely been implicated in the aforesaid case due to ulterior motive. The first
information report was lodged on 28.5.2010 against Nitin and two unknown
persons with respect to loot of Rs. 50,000 cash and prepaid recharge coupon
of Rs. 21,000/-. The applicant was not named in the first information .The
name of the applicant came into light on the confessional statement of co-
accused Nitin. Nothing was recovered from the possession of the applicant .
On the other hand learned AGA contended that there is active role of the
applicant in the commission of aforesaid offence therefore, the applicant does
not deserve any indulgence of bail. Learned counsel for the applicant
contended that the applicant is absolutely innocent . Earlier also the applicant
was implicated in Case Crime No.314 of 2010 under sections 392/411 IPC in
which he was enlarged on bail. The applicant is languishing in jail since
9.6.2010 . The applicant is not a previous convict. In case he is enlarged on
bail, he will not misuse the liberty of bail.
Having considered the aforesaid submission advanced by learned counsel for
the applicant and without expressing any opinion on the merits of the case, it
is directed that the applicant Akhter Hussain involved in Case Crime No. 298
of 2010 under sections 392/411 IPC Police Station Thakurdwara District
Moradabad be enlarged on bail on his executing a personal bond & two heavy
sureties each in the like amount to the satisfaction of the court concerned with
following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurise/intimidate with the prosecution
witnesses.
3. The applicant will appear before the trial court on the date fixed .
In defiance of any of conditions, the prosecution would be at liberty to move
application for cancellation of bail.
Order Date :- 11.8.2010
Naim