Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16842 of 2018 Applicant :- Jabar Singh @ Amar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava 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 the present case. The applicant is not named in the first information report. The offences are triable by the Magistrate First Class. Nothing incriminating was recovered from the possession of the applicant.The police after arrest of the applicant slapped false cases against him. There is no independent witness to the factum of arrest and recovery. Criminal history of the applicant has been explained in paragraph 4 of the supplementary affidavit. The applicant is languishing in jail since 23.01.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 Jabar Singh @ Amar Singh involved in Case No. 565 of 2018, Case Crime No. 24 of 2018, under Sections 457, 380, 411 I.P.C., Police Station Nawabganj, District Farrukhabad, 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 :- 31.5.2018 Rmk.