Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59177 of

2022

Applicant :- Chand Mohammad Urf Mohammad Chand

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Dinesh Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

Counsel for the applicant is permitted to make necessary

correction in period of jail.

Heard learned counsel for the applicant; Sri Ram Adhar Ram,

learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the

applicant with a prayer to release him on bail in Case Crime

No.157 of 2022, under Sections 379, 411. 120-B, 34, 413 I.P.C.,

P.S. Civil Lines, District Meerut, during pendency of the trial.

Learned counsel for the applicant submitted that applicant is

innocent and has been falsely implicated in the present case. The

applicant was arrested on 25.04.2022 and nine mobile phones were

alleged to have been recovered from his possession. The recovery

is false and planted and not supported by any independent or

public witness. Further submission is that after arrest, the applicant

has been implicated in eight other cases and in some of the cases,

he has been granted bail. The applicant has no criminal history.

Moreover, there is no prospect of trial of the present case being

concluded in near future. The applicant is languishing in jail since

25.04.2022 and in case he is enlarged on bail he will not misuse

the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties and keeping in view

the nature of offence, evidence, complicity of accused and without

expressing any opinion on the merits of the case and the law laid

down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. &

Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of

the view that the applicant has made out a case for bail. The bail

application is allowed.

Let the applicant, Chand Mohammad Urf Mohammad Chand, who

is involved in the aforesaid case crime, be released on bail on his

furnishing a personal bond and two sureties each in the like

amount to the satisfaction of the court concerned subject to

following conditions. Further, before issuing the release order, the

sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by

intimidating/ pressurizing the witnesses, during the investigation

or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 14.2.2023

Meenu Singh

Digitally signed by :-

MEENU SINGH

High Court of Judicature at Allahabad