Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41688 of 2018 Applicant :- Jameel Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Singh 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. Recovery of Rs.70 is alleged to have been made from possession of the applicant which the police has falsely planted against him. Co-accused Deepak Kushwaha has already been admitted to bail by this Court vide order dated 23.02.2018 in Criminal Misc. Bail Application No.7183 of 2018. The applicant is languishing in jail since 26.12.2017.
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 Jameel Ahmad involved in Case Crime No.563 of 2017, under Sections 380, 411 I.P.C., Police Station Kotwali Jalaun, District Jalaun 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.10.2018 rkg