Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41329 of 2018 Applicant :- Mohammad Saifi Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that applicant is innocent and no offence whatsoever has been committed by him. He further submitted that nothing incriminating infact has been recovered from the possession of the applicant. He further added that there is no independent public witness to the fact of recovery. Criminal history of the applicant has been explained under paragraph no.9 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 21.4.2018.
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 Mohammad Saifi involved in Case Crime No.75 of 2018, under Sections 411 and 413 I.P.C., Police Station Karari, District Kaushambi 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 :- 29.10.2018 S Rawat