Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20159 of 2018 Applicant :- Mohd. Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Gorakh Yadav 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. Nothing incriminating has been recovered from possession of the applicant. There is no independent witness to the fact of allegations made against the applicant. Similarly circumstanced co-accused Dayal Singh and Saurabh Kumar have been admitted to bail by this Court, copies of the bail orders have been annexed as annexure no.4 to the affidavit filed in support of the bail application. Co-accused Anuj Kumar and Akhilesh, in Criminal Misc. Bail Application No.18672 of 2018 vide order dated 18.05.2018 and co-accused Dilip Kumar and Vishal Kumar in Criminal Misc. Bail Application No.18617 of 2018 vide order dated 18.05.2018 have been admitted to bail by this Court, copies whereof have been kept on record. The applicant does not bear any criminal history and is languishing in jail since 16.03.2018.
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 Mohd. Imran involved in Case Crime No.2 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C. and 66B, 66D IT Act, Police Station Cyber Crime, District Gautam Buddh 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 subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.5.2018 rkg