Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13044 of 2018 Applicant :- Mahtab @ Khurshid Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar 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 the present case. The applicant is not named in the first information report. Nothing was recovered from the possession of the applicant. It is further submitted that the police after arrest of the applicant slapped false case against him. There is no credible evidence against the applicant. It is next submitted that there is no independent witness to the factum of arrest and recovery. It is also submitted that similarly placed co-accused Saddam has been granted bail by another Bench of this Court vide order dated 7.5.2018 passed in Criminal Misc. Bail Application No. 16836 of 2018. The applicant is languishing in jail since 29.01.2018.
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 Mahtab @ Khurshid Alam involved in Case Crime No.8239 of 2017, under Sections 379, 411 I.P.C., Police Station Indirapuram, District Ghaziabad, 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 :- 29.5.2018 Rmk.