Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41997 of 2018 Applicant :- Abdul Qadir Alias Shelly Opposite Party :- State Of U.P.
Counsel for Applicant :- Saiful Islam Siddiqui,Tahira Kazmi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed today is taken on record.
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. There is no proof of fact pertaining offence under section 489B committed or likely to be committed by the applicant. The recovery of fake note was imputed against the applicant. The offence under Section 489B is triable by Magistrate Ist class. The factum of recovery is denied by the applicant. The applicant does not bear any criminal history and is languishing in jail since 31.8.2018.
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 Abdul Qadir alias Shelly involved in Case Crime No. 570 of 2018, under Sections 489B, 489C I.P.C., Police Station Shivpur, District Varanasi 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 condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi