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2014 DIGILAW 40 (ALL)

Akram v. State of U. P.

2014-01-06

SURENDRA SINGH

body2014
JUDGMENT Surendra Singh,J: - Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record. 2. It is argued by the learned counsel for the applicants that neither the applicant is owner nor driver of the truck in question in which bullocks were recovered. It was argued that the applicant was the passenger sitting beside the driver of the truck in question at the time of arrest and recovery. It was further argued that it is a case of no injury. The applicant is wholly innocent and falsely implicated in the present crime. Thus the applicant, being in jail since 24.11.2013 having no criminal history to his credit, also deserves to be released on bail at this stage. 3. The bail is, however, opposed by the learned A.G.A. 4. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. 5. Without expressing any opinion on the merits of the case, let the applicants- Akram, Dildar and Mohd. Ansar involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: - 1. The applicants will not tamper with the evidence during the trial. 2. The applicants will not pressurise/ intimidate the prosecution witness. 3. The applicants will appear before the trial court on the date fixed. 6. In case of breach of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.