Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20868 of 2018 Applicant :- Monu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in the present case. The applicants are not named in the first information report. The police after arrest of the applicants slapped false cases against them. There is no independent witness to the factum of arrest and recovery. There is no criminal history of the applicants. Similarly situated co-accused Rahul has been granted bail by this Court vide order dated 22.5.2018 passed in Criminal Misc. Bail Application No. 19082 of 2018. The applicants are languishing in jail since 23.03.2018.
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 applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Monu and Arjun involved in Case Crime No. 165 of 2018, under Sections 457, 380 and 411 I.P.C., Police Station Bhopa, District Muzaffarnagar, be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 31.5.2018 Rmk.