Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27924 of 2019 Applicant :- Azam Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
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.
Urge made on behalf of the applicant has been confined to the extent that there are cross versions regarding the incident. It was sudden quarrel on the spur of the moment and it cannot be conclusively said as to who opened assault first. It is admitted that some altercation took place which developed in Marpit / scuffle between the parties. The applicant also sustained injury in the alleged incident. 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 21.04.2019.
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 Azam involved in Case Crime No. 0178 of 2019, under Sections 307, 504 I.P.C., Police Station Dhampur, District Bijnor, 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 :- 27.9.2019
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