Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49904 of 2021

Applicant :- Qasim

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Singh

Counsel for Opposite Party :- G.A.

Hon'ble Salil Kumar Rai,J.

Heard the counsel for the applicant and the learned Additional

Government Advocate, representing the State.

The present bail application has been filed under Section 439

Cr.P.C. seeking bail in Case Crime No. 418 of 2021, registered

under Sections 419, 420, 465, 467, 468, 469, 471, 120-B I.P.C.

and Section 66B, 66C, 66D 74 I.T. Act, at Police Station-

Cantt., District- Gorakhpur during the pendency of trial.

It was argued by the learned counsel for the applicant that no

incriminating material has been recovered from the possession

of the applicant. It was further argued that the applicant has

been falsely implicated in the present case only on the basis of

the confessional statement of the co-accused. It was further

pointed out by the learned counsel for the applicant that in Case

Crime Nos.1159 of 2020 and 382 of 2021 the applicant has

already been granted bail by a Co-ordinate Bench of this Court

vide orders dated 21.12.2021 and 07.01.222 passed in Criminal

Misc. Bail Application Nos.46441 of 2021 and 50678 of 2021

respectively. The applicant is in jail since 03.08.2021.

The Additional Government Advocate has opposed the bail

application.

Having heard the submission of the counsel and after perusing

the records and also after considering the nature of evidence,

prima facie satisfaction of the Court in support of the charge

and without expressing any opinion on the merits of the case, I

find it to be a case of bail.

Let the applicant -Qasim be released on bail in Case Crime No.

418 of 2021, registered under Sections 419, 420, 465, 467, 468,

469, 471, 120-B I.P.C. and Section 66B, 66C, 66D 74 I.T. Act

on furnishing of personal bond and two sureties each in the like

amount to the satisfaction of the Magistrate/ Court concerned

subject to the condition that the applicant will attend and

cooperate in trial proceedings on the dates fixed after release

and will not tamper with the evidence or harass the witnesses

and shall not indulge in any illegal activity during the bail

period.

It is further clarified that the observations made in this order are

strictly confined to the disposal of the present bail application

and must not be construed to have any reflection on the ultimate

merits of the case.

It is also clarified that in case of breach of any condition by the

applicant as specified above, the same shall be a ground for

cancellation of bail. It is further clarified that if any fact

mentioned by the counsel for the applicant in the affidavit / bail

application or stated orally is found to be false, the learned

AGA or the complainant would be at liberty to move an

application for cancellation of bail.

Order Date :- 3.2.2022

Nitendra