Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45417 of 2018 Applicant :- Dilshad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The applicants are not named in the first information report. Nothing incriminating in fact has been recovered from the possession of the applicants. There is no independent public witness to the fact of recovery.The police has planted false recovery against the applicants. Similarly circumstanced co-accused Nazrul Khan and Jakir have been admitted to bail by this Court vide orders dated 31.10.2018 and 23.10.2018 in Criminal Misc. Bail Application Nos.41859 of 2018 and 40065 of 2018. The applicants have no previous criminal history and are languishing in jail since 17.5.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Dilshad and Sanam involved in Case Crime No.277 of 2018, under Sections - 395, 397, 412 I.P.C., Police Station Karhal, District Mainpuri be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.11.2018 S Rawat