Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41945 of 2018 Applicant :- Kamaruddin Opposite Party :- State Of U.P. Counsel for Applicant :- Kapil Tyagi 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. There is no independent public witness to the fact of recovery. The fact is that the applicant has been involved on account he being brother of another co-accused Fakurdeen. The applicant has no criminal history. In case the applicant is admitted the bail, he will not abscond. The applicant is languishing in jail since 19.9.2018.
Learned AGA has opposed prayer for bail.
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.
The advantage of this bail shall not be provided to co-accused Fakurudeen.
Accordingly, bail application is allowed.
Let the applicant Kamaruddin involved in Case Crime No. 430 of 2018, under Sections 420, 467, 468, 471, 414 I.P.C., Police Station Babugarh, District Hapur 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi