Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45906 of 2018 Applicant :- Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Zafeer Ahmad 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. False recovery has been planted by the police, which is not supported by any independent public witness. Similarly circumstanced co-accused - Nafees has already been admitted to bail by this Court vide order dated 13.11.2018 in Criminal Misc. Bail Application No.43028 of 2018. A copy of the said order has been produced by the learned counsel for the applicant. The applicant has no criminal history and is languishing in jail since 14.7.2018. In case the applicant is admitted to bail there is no possibility of his absconding or misusing the liberty of bail.
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 - Imran involved in Case Crime No. 1296 of 2018, under Sections - 411, 414 I.P.C., Police Station - Loni, District - Ghaziabad 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