Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48440 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. There is no public independent witness to the fact of recovery. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. The police has planted false recovery from the possession of the applicant. Criminal history of the applicant has been explained under paragraph no.11 of the affidavit of the bail application. The applicant is languishing in jail since 31.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
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.788 of 2018, under Section 392 I.P.C., Police Station Sadar Bazar, 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 S Rawat