Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2596 of 2019 Applicant :- Nasar Iqbal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad 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 this case. No offence has been committed by the applicants. Name of the applicants have surfaced in the extra judicial confession. The police after arresting the applicants has slapped false cases against them. Offence alleged is triable by the Magistrate Ist Class. 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 6.10.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
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 - Nasar Iqbal and Muqeem involved in Case Crime No. 244 of 2018, under Sections - 414, 420 I.P.C., Police Station - Amroha Dehat, District - Amroha 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 :- 21.1.2019 S Rawat