Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20318 of 2018 Applicant :- Adeeb Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh 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 applicant is not named in the first information report. Because of some pending litigation with two villagers (applicant and the informant) in the village and it being adjudicated upon in favour of the applicant, the informant in this case in collusion with the police has falsely implicated the applicant. The police has slapped false cases against the applicant after his arrest as averred under paragraph no.13 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 22.04.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
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 Adeeb Khan involved in Case Crime No.139 of 2018, under Sections 380, 457, 411 I.P.C., Police Station Kotwali, District Badaun 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 :- 29.5.2018 rkg