Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42002 of 2018 Applicant :- Faiyyaz Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA 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 due to a dispute between the brother-in-law of the applicant and the first informant regarding construction of a nali. There is no whisper in the FIR regarding time and date of payment of money. The allegations are bald. There is no independent witness to the fact of recovery. The applicant is languishing in jail since 23.8.2018.
Learned AGA has opposed prayer for bail.
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 Faiyyaz involved in Case Crime No. 149 of 2018, under Sections 419, 420, 406 I.P.C., Police Station Khakhreru, District Fatehpur 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi