HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56549 of 2019
Applicant :- Afsar Ali
Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Bharti
Counsel for Opposite Party :- G.A
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 352 of 2019, under Sections 406, 420, 379, 411, 414 IPC, P.S. Jansath, District-Muzaffar Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 31.10.2019 FIR under Section 406 IPC was lodged against Saved Jaidi. The main grievance of the informant is that two vehicles no. UP 014 BQ 02425 and UP 12 AZ 02941 of the informant were taken by Saved Jaidi on rent under a rent agreement, but neither said vehicles of the informant was returned nor rent of the same was paid to the informant and it was suspected that said vehicles of the informant have been sold by Saved Jaidi. Submission of learned counsel for the applicant is that applicant is not named in the FIR. As per prosecution case, Saved Jaidi and applicant were apprehended by the police on 1.11.2019 and shown a recovery of vehicle no. UP 12 AZ 02941 involved in the present case from the possession of Saved Jaidi, while recovery of one Swift Dzire car no. DL 03 CB 8226, who is not a case property of the present case has been shown from the possession of the applicant. Thereafter, applicant has been implicated in three cases being case crime nos. 410 of 2019, under Sections 379, 411 IPC, Police Station Shahpur, District Muzaffar Nagar, case crime no. 351 of 2019 under sections 406, 420, 379, 411, 414 IPC, Police Station Jansath, District Muzaffar Nagar as well as in present case crime no. 0352 of 2019. It is pointed out that applicant has been granted bail in other two cases being case crime no. 410 of 2019 and 351 of 2019 vide orders dated 7.1.2020 and 3.1.2020 passed in Criminal Misc. Bail Application Nos. 279 of 2020 and 57161 of 2019 respectively. It is also pointed out that prior to 1.11.2019 applicant was not having any criminal history and his case is distinguishable from the case of Saved Jaidi. The applicant is languishing in jail since 1.11.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Afsar Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 14.1.2020