The main legal point established in this judgment is that bail can be granted to an accused if the court finds it a fit case, considering the complicity of the accused, severity of punishment, and totality of facts and circumstances, without commenting on the merits of the case.

Harsh Kumar, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

2. Learned counsel for the applicant contended that the applicant has been falsely implicated on the basis of recovery of four motorcycles from motorcycle mechanic shop J.K. Automobiles; that the applicant is carrying on motorcycle mechanic shop under the name and style of J.K. Automobiles since last 12 years; that the applicant has neither stolen any motorcycle nor received any stolen motorcycle; that since there were dues of motorcycle repair on police personnel and applicant made a demand for clearing some dues, he was threatened of dire consequences and has been falsely implicated; that none of the motorcycle is alleged to have been connected with any case of motorcycle theft; that recovery of stolen motorcycles has been falsely planted on applicant; that the applicant has not committed any forgery in changing the number plates of the motorcycles; that nothing incriminating has been recovered from the possession of the applicant; that there is no independent witness of the alleged recovery; that the applicant has no previous criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 7.9.2015.

3. Learned A.G.A. opposed the prayer of bail. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

4. Let the applicant Mohd. Ismail be released on bail in Case Crime No.854 of 2015, under Sections 420, 411, 414 I.P.C., P.S. Baghpat, District Baghpat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: -

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in nay 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.