Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8377 of 2019 Applicant :- Firoz Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh 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. He happens to be a guarantor and in case any responsibility is shown to be existing in favour of him, he is ready to owe his share of responsibility. Similarly circumstanced another co-accused - Afsar Khan, who also happened to be a guarantor, has been admitted to bail by this Court and whose bail order has been placed on record vide Annexure No.9 to the affidavit filed in support of this bail application. The case of the applicant is distinguishable from that of co-accused Mehndi Hasan, who is the kingpin of the offence in question. 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 16.1.2019.
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 - Firoz involved in Case Crime No. 419 of 2018, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Ganj, District - Rampur 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 :- 26.2.2019 S Rawat