S.C.AGARWAL - (1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record.
(2.) LEARNED counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case. He further submitted that, in fact, no recovery of any thing, as alleged by the prosecution has been made either from the possession of the applicant or at his pointing out and the allegation of the alleged recovery has been made just to make out a case against the applicant for the purpose of harassment. He further submits that there is no independent witness of the alleged recovery. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 4.11.2011. Learned A.G.A. opposed the prayer for bail. Co-accused Sanawwar Khan having identical role, has been granted bail vide order dated 22.12.2011 by another Bench of this Court? passed in Criminal Misc. Bail Application No. 35104 of 2011. In these circumstances, the applicant is also entitled to be released on bail on the ground of parity.
(3.) LET the applicant Nisar Ali involved in Case Crime No. 937 of 2011, under Sections 379/411 IPC, P.S. Fatehganj East, District-Bareilly 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 with the following conditions:- (a) The applicant shall attend the court according to the conditions of the bond executed by him; (b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ;