Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48771 of 2018 Applicant :- Hasrat Alvi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari 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. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. Co-accused Rohit Singh has already been admitted to bail by this Court vide order dated 27.11.2018 in Criminal Misc. Bail Application No.45086 of 2018. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 29.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Hasrat Alvi involved in Case Crime No.752 of 2018, under Sections 420 I.P.C. and 65/66 Information and Technology Act, Police Station Etamaddaula, 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 :- 26.2.2019 rkg