Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41330 of 2018 Applicant :- Intezar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Faiz,Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
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. 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. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been explained under various paragraphs of the supplementary affidavit. The applicant is languishing in jail since 05.08.2018.
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 Intezar involved in Case Crime No.194 of 2018, under Sections 411, 413, 414, 420 I.P.C., Police Station Amroha Dehat, District Amroha 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 :- 19.12.2018 rkg