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Asif @ Kadi vs State Of U.P. on 30 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 30482 of 2019

Applicant :- Asif @ Kadi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Rajeev Kumar Saxena

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant Asif @ Kadi in connection with Case Crime No. 28 of 2019, under Section 406 IPC, P.S. Redhar, District Jalaun.

The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he was not named in the FIR. Offence is triable by the Magistrate. He further submits that criminal history of the applicant has been properly explained in paragraph 11 of the bail application. He further submitted that co-accused- Neelu @ Veeru Kashyap having similar role, has already been enlarged on bail vide order dated 19.07.2019 passed by the this Court in Criminal Misc. Bail Application No. 28799 of 2019. Lastly he submitted that applicant is languishing in jail since 22.05.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.

Learned AGA has vehemently opposed the prayer for bail.

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 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 Asif @ Kadi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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.

In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.

Order Date :- 30.7.2019

Ujjawal

 

 

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