Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45424 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 AGA 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. The police after arresting the applicants has planted false recovery from the possession of the applicants. Similarly circumstanced co-accused Nazrul Khan and Jakir have already been admitted to bail by this Court vide order dated 30.10.2018 and 29.10.2018 in Criminal Misc. Bail Application Nos.41568 of 2018 and 41386 of 2018,a copy of the said orders has been produced by the learned counsel for the applicant. The applicants have no criminal history and are languishing in jail since 17.5.2018.
Learned AGA has opposed prayer for bail. However, he 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. 278 of 2018, under Sections - 395, 397, 412 IPC, 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