An accused is entitled to be released on bail if he can show that he is not a flight risk and that he will not interfere with the investigation or trial.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44960 of 2022

Applicant :- Azad Urf Zubair Urf Peeter

Opposite Party :- State of U.P.

Counsel for Applicant :- Rabindra Bahadur Singh,Balram Singh

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Rejoinder affidavit filed by the applicant is taken in

the record.

By means of this bail application the applicant has

prayed to be enlarged on bail in Case Crime

No.395 of 2022 at Police Station-Kanker Khera,

District-Meerut under Sections 457, 380 and 411

IPC. The applicant is in jail since 19.07.2022.

The bail application of the applicant was rejected

by learned Additional District and Sessions Judge,

Court No.20, Meerut on 30.08.2022.

The following arguments made by Shri Balram

Singh, learned counsel on behalf of the applicant,

which could not be satisfactorily refuted by Shri

Markandey Singh, learned AGA from the record,

entitle the applicant for grant of bail:

(1). The applicant was not named in the F.I.R.

(2). Recovered items were planted on the applicant

to implicate him in this case to burnish the

credentials of the police authorities.

(3). There is no independent witness to the

recovery.

(4). Recovered items cannot be connected with the

offence.

(5). Explaining the criminal history of the applicant

it is contended that the applicant belongs to poor

economic strata of the society and is convenient

scapegoat for the police authorities. The said cases

do not have any bearing on the instant bail

application. He has been falsely implicated in a

number cases. Most of the cases are relate to

unnamed F.I.R. and the applicant was implicated

when he was in jail.

(6). The applicant and his family reside in district-

Meerut and the livelihood of the applicant is also in

the same district. The applicant is not a flight risk.

The applicant being a law abiding citizen has

always cooperated with the investigation and

undertakes to cooperate with the court proceedings.

There is no possibility of his influencing witnesses,

tampering with the evidence or reoffending.

I see merit in the submissions of learned counsel

for the applicant and accordingly hold that the

applicant is entitled to be enlarged on bail.

In the light of the preceding discussion and without

making any observations on the merits of the case,

the bail application is allowed.

Let the applicant- Azad Urf Zubair Urf Peeter 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 below. The following conditions be imposed

in the interest of justice:-

(i) The applicant will not tamper with the evidence

during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court

on the date fixed, unless personal presence is

exempted.

(iv) The applicant shall not directly or indirectly

make inducement, threat or promise to any person

acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the

Court to any police officer or tamper with the

evidence.

In case any averment made in the bail application

or the submissions during the course of argument

are found to be false or in case of breach of any of

the above condition, the State/prosecution may

move an application for cancellation of bail

application.

Order Date :- 2.1.2023

Ashish Tripathi

Digitally signed by :-

ASHISH NAYAN TRIPATHI

High Court of Judicature at Allahabad