Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22473 of 2019 Applicant :- Kamaluddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The name of the applicant has surfaced in the confessional statement of the co- accused. The police has planted false recovery against the applicant. Factum of recovery is denied. There is no motive to commit the offence. Applicant has been roped in, in this case by the police without collecting any worthy and relevant evidence. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 07.11.2015 in the present case. Under the similar circumstance co- accused Gayasuddin @ Sahabuddini @ Neta @ Reporter, Maujam Banjara and Jilajeet Banjara have been admitted to bail by this Court on 5.7.2019, 9.7.2019 and 23.7.2019 in Criminal Miscellaneous Bail Application Nos.45434 of 2018, 25456 of 2019 and 29233 of 2019, respectively, copy whereof have been produced by the applicant, the same is taken on record.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Kamaluddin- involved in case crime no.966 of 2015, under Sections 396, 412 IPC, Police Station Khalilabad, district Sant Kabir Nagar 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 :- 25.7.2019 Raj