Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38783 of 2021 Applicant :- Ali @ Tahir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Habib Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard 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.
Contention, in brief, is that the applicant being relative of the prime accused Nazir has been involved in this case. It so happened that the victim went away with another person, in order to trace him, the applicant being relative was forced by the police to tell whereabouts of the victim which the applicant refused. Thereafter, the police concocted false story which stands exposed by the statement of the victim that she has not assigned any specific role to the applicant in commission of the offence and his involvement has not been figured in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. The applicant does not bear any criminal history and is languishing in jail since 15.06.2021.
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, bail application is allowed.
Let the applicant Ali @ Tahir involved in Case Crime No.0213 of 2021, under Sections 363, 366A, 368, 120B I.P.C. and 16/17 POCSO Act, Police Station Civil Lines, 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 :- 25.10.2021 rkg