Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21847 of 2021 Applicant :- Muzammil Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Nipun Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Nipun Singh, learned counsel for the informant, 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. Insofar as the the circumstances are concerned, the victim/informant claims to have been kidnapped/abducted from his garage by few persons in Honda City car and was taken to Sonipat, where it transpired that a man without identifying him was wrongly abducted by the accused persons, therefore, he was left and he returned home. So far as the conduct of the informant is concerned, after lodging of the F.I.R., the second day when the investigating officer visited at his home, he did not make any statement nor any medical examination of the informant was conducted. On the third day, a story was set up that merely on the identity of name of the applicant as Muzammil, the present applicant (Muzammil) has been nabbed in this case, which by any stretch of imagination cannot be said to be conclusive identity of the person actually named and involved in the commission of the offence in question. That being so, serious doubt is created in this case against the applicant, whether he along with others participated in the crime or not. That way, his case is different from other co-accused, who had been seen by the victim/informant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 15.3.2021.
Sri Nipun Singh, learned counsel for the informant and learned A.G.A. have vehemently 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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Muzammil involved in Case Crime No. 100 of 2021, under Sections - 364A, 323, 120-B, 504, 506 I.P.C., Police Station - Kandhala, District - Shamli 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 :- 28.10.2021 S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.02 15:59:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad