Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40306 of 2019 Applicant :- Naseem @ Naseemuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Yadav,Tribhuwan Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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. No offence has been committed by the applicant. It is a case of baseless involvement and bald allegations. The applicant was neither named in the first information report nor has he been witnessed by anyone to have been committing the offence in question. Police deliberately after three years of the incident has involved him, that too merely on the basis of the statement of co-accused- Kamaluddin. Similarly circumstanced co- accused- Kamaluddin has already been admitted to bail by a co-ordinate Bench of this Court vide order dated 28.11.2011 in Criminal Misc. Bail Application No.27429 of 2011 (Kamaluddin vs. State of U.P.). Copy whereof has been annexed as Annexure no.7 to the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 24.05.2011.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Naseem @ Naseemuddin involved in Case Crime No.
225 of 2008, under Sections - 396, 201, 412 of Indian Penal Code and Section - 3 (2) V SC/ST Act, Police Station - Sajeti, District - Kanpur Nagar 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 :- 30.9.2019 S Rawat