Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34390 of 2019 Applicant :- Murshid And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Giri Ram Rawat,Indra Deo Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The applicants are not named in the first information report. No specific role has been assigned to the applicants. Nothing incriminating has been recovered from the possession of the applicants. There is no credible evidence appearing against the applicants to connect them with the alleged offence. Their names came into light on the basis of confessional statement of co-accused. Under similar circumstances, co-accused- Suhail and Arshad have already been admitted to bail by this Court in Criminal Misc. Bail Application No. 30782 of 2019 and 31743 of 2019 vide order dated 1.8.2019 and 6.8.2019. Copies whereof have been annexed as Annexure no.10 to the affidavit filed in support of the bail application. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 22.6.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit 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 - Murshid, Nayee @ Amir and Salman involved in Case Crime No. 373 of 2019, under Sections - 147, 323, 304, 504, 427 I.P.C., Police Station - Kotwali, District - Mathura 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 :- 26.8.2019 S Rawat