Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41624 of 2018 Applicant :- Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Ch. Dil Nisar 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that the applicant is not named in the first information report. He further submitted that the FIR was belatedly lodged after six days and the applicant was falsely arrested by the police after one month and eight days. After arresting the applicant, the police has slapped false cases against him. There is no independent or public witness to the fact of recovery. The applicant has no criminal history and is languishing in jail since 13.8.2018.
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-Javed involved in Case Crime No.467 of 2018, under Sections-392, 411 I.P.C., Police Station- Jhinjhana, District-Shamli 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 :- 30.10.2018 S Rawat