Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20300 of 2018 Applicant :- Julfikar Ali And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mustaqeem Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from possession of the applicants. Offence alleged is triable by the Magistrate Ist Class. Factum of recovery is not supported by any public independent witness. The applicants do not bear any criminal history and are languishing in jail since 07.04.2018.
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 applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Julfikar Ali and Guddu involved in Case Crime No.73 of 2018, under Sections 420, 429 I.P.C., Police Station Dalari, District Moradabad be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2018 rkg