Allahabad High Court
Shamim vs State Of Up on 15 July, 2019
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24979 of 2019 Applicant :- Shamim Opposite Party :- State Of Up Counsel for Applicant :- Om Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Learned A.G.A has filed counter affidavit today, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Shamim in connection with Case Crime No. 156 of 2019, under Sections 489A, 489B, 489C, 489D IPC, P.S. Gal Shahid, District Moradabad.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that fake currency of Rs. 1600/- was recovered from the possession of the applicant but there is no public witness of the alleged recovery. It is further submitted that no report has been obtained from RBI or other government agencies regarding fake currency. Lastly, he submitted that the applicant is languishing in jail since 17.05.2019 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 Shamim 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 :- 15.7.2019 Ujjawal