Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41676 of 2018 Applicant :- Nazim Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA 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. The police after arresting the applicant has planted false recovery. There is no independent witness to fact of recovery. Offence alleged is triable by the Magistrate Ist Class. Co-accused Asif has been admitted to bail by this Court today in Criminal Misc. Bail Application No.41622 of 2018. The applicant does not bear any criminal history and is languishing in jail since 02.06.2018.
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 Nazim involved in Case Crime No.906 of 2018, under Sections 406, 420, 411, 506 I.P.C., Police Station Loni, District Ghaziabad 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 rkg