Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45145 of 2018 Applicant :- Matloob Ansari Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Pandey,Srestha Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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 innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery has not been supported by any independent public witness. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 31.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
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- Matloob Ansari involved in case crime no.481 of 2018, under Sections - 41, 411, 413, 419, 420, 467, 468 and 471 IPC, Police Station Robertsganj, District Sonbhadra 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 :- 27.11.2018 S Rawat