Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41704 of 2018 Applicant :- Naushad Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that the applicant is not named in the first information report. He further added that the police after arresting the applicant slapped false case against the applicant. The police has planted false recovery from the possession of the applicant and there is no independent or public witness of the alleged recovery. The applicant has no criminal history and is languishing in jail since 15.5.2018.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant-Naushad involved in Case Crime No.135 of 2018, under Sections-379, 411 I.P.C., Police Station-Nagina, District-Bijnor 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 :- 30.10.2018 S Rawat