Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41622 of 2018 Applicant :- Asif Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that the police has planted false recovery against the applicant. He further added that nothing incriminating infact has been recovered from the possession of the applicant and there is no independent public witness of the alleged recovery. The case of the applicant is similar to that of co-accused Rahish, who has already been admitted to bail by this Court vide order dated 2.8.2018 in Criminal Misc. Bail Application No.29040 of 2018 (Rahish vs. State of U.P.). Copy whereof has been annexed as Annexure No.3 to the bail application. The applicant does not bear any criminal history except the present one and is languishing in jail since 2.6.2018.
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 - Asif involved in Case Crime No.906 of 2018, under Sections-406, 420, 411 and 506 I.P.C., Police Station Loni, District Ghaziabad 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 :- 30.10.2018 S Rawat