Court No. - 74
Case :- CRIMINAL MISC. IInd BAIL APPLICATION No.
- 5734 of 2019 Applicant :- Achchan Opposite Party :- State Of U.P.
Counsel for Applicant :- M J Akhtar,Sri V.M. Zaidi, Sr. Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri M.J. Akhatar, learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
This is second bail application. The first bail application was rejected by this Court vide order dated 04.12.2018.
As a measure of fresh ground, it has been claimed on behalf of the applicant that the proceeding arising out of the present crime against the applicant after rejection his first bail application was challenged before this Court by way of filing Application U/S 482 No.32384 of 2019, wherein proceeding has been stayed by this Court vide order dated 26.08.2019. Criminal history of the applicant has been explained under paragraph no.15 of the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 08.10.2018.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit 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, the second bail application is allowed.
Let the applicant Achchan involved in Case Crime No.162 of 2018, under Sections 420, 466, 467, 468, 471, 120B, 108 I.P.C., Police Station Badhapur, District Bijnor 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.
Order Date :- 27.9.2019 rkg