Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14332 of 2021 Applicant :- Alisher @ Fuddan Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Mishra,Apul Misra,Ghazanfar Abbas,Raja Ullah Khan 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 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. Similarly circumstanced co-accused - Jafaruddin @ Jafar has already been admitted to bail by co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 13998 of 2021 on 8.10.2021. 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 28.12.2020.
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 - Alisher @ Fuddan involved in Case Crime No. 672 of 2020, under Sections - 406, 420, 411 I.P.C., Police Station - Sindhauli, District - Shahjahanpur 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 :- 26.10.2021 S Rawat