Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41979 of 2018 Applicant :- Abad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The offence alleged is triable by Magistrate Ist Class. The factum of recovery is not supported by any public independent witness. Similarly circumstanced co-accused Danish has already been admitted to bail by this Court vide order dated 18.5.2018 in Criminal Misc. Bail Application Nos. 18623 of 2018. The applicant is languishing in jail since 13.11.2017.
Learned AGA has opposed prayer for bail.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Abad involved in Case Crime No. 1106 of 2017, under Sections 392, 411 I.P.C., Police Station Nai Mandi, District Muzaffar Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court. In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 Manish Tripathi