Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45076 of 2018 Applicant :- Mohd. Naseem Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
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.
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. The name of the applicant has figured in the confessional statement of co- accused Bharat Patel. Nothing incriminating has been recovered from possession of the applicant. Criminal history of the applicant has been explained under paragraph no.4 of supplementary affidavit. The applicant is languishing in jail since 19.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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. Naseem involved in Case Crime No.400 of 2018, under Sections 380, 457, 411, 34 I.P.C., Police Station Bhelupur, District Varanasi 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 :- 28.11.2018 rkg