Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48397 of 2018 Applicant :- Furqan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Ayub 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 is not named in the first information report. The police after arresting the applicant has slapped false cases against him. The recovery alleged to have been made from possession of the applicant has not been supported by any public independent witness. Factum of recovery is denied. The applicant does not bear any criminal history and is languishing in jail since 31.08.2018.
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 applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Furqan involved in Case Crime No.44 of 2018, under Section 392 I.P.C., Police Station M.M. Gate, District Agra 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 :- 18.12.2018 rkg