Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45922 of 2018 Applicant :- Gufran Opposite Party :- State Of U.P.
Counsel for Applicant :- Babul Kumar Sharma 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.The applicant is not named in the first information report and his name was implicated due to suspicion and enmity. The prosecution story has been set up against the applicant out of jealous and grudge. The police has shown false recovery from the possession of the applicant. There is no independent public witness to the fact of alleged recovery. The applicant has no criminal history and is languishing in jail since 6.9.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Gufran involved in Case Crime No. 423 of 2018, under Sections - 380, 454, 411 I.P.C., Police Station - Nawabad District - jhansi 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 :- 30.11.2018 S Rawat