Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23098 of 2019 Applicant :- Alauddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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 on account of enmity. No offence has been committed by the applicant. Nothing incriminating has been recovered from the possession of the applicant. There is no independent public witness of the incident in question. Co- accused, Vinod Pal Singh and Banti have already been enlarged on bail in Crl. Misc. Bail Application Nos.12930 of 2019 and 22164 of 2019, respectively. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 22.03.2019.
Learned AGA has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case as well as the bail granted to co- accused, Vinod Pal Singh and Banti in Crl. Misc. Bail Application Nos.12930 of 2019 and 22164 of 2019, respectively, 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 - Alauddin, involved in Case Crime No. 9 of 2019, under Sections - 394, 364 I.P.C., Police Station - Surir, District - Mathura 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 :- 31.5.2019 bgs/