Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8909 of 2019 Applicant :- Anwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Sharma,Pankaj Sharma 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. He has not committed any offence. There is no independent public eye witness to the incident. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. 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 11.10.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
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 - Anwar involved in Case Crime No. 994 of 2018, under Sections - 379, 411 I.P.C., Police Station - Civil Lines, District - Moradabad 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 :- 28.2.2019 S Rawat