Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8113 of 2019 Applicant :- Danish Opposite Party :- State Of U.P.
Counsel for Applicant :- Harsh Kumar Mishra 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 has no role to play in the commission of the offence. Similarly circumstanced co-accused - Waseem and Abid have already been admitted to bail by this Court, copies whereof have been annexed as annexure no.3 to the affidavit filed in support of this bail application. 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 previous criminal history and is languishing in jail since 13.10.2018.
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 - Danish involved in Case Crime No. 2260 of 2018, under Section - 420 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 :- 25.2.2019 S Rawat