Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34145 of 2019 Applicant :- Nihaluddin And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manjeet Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are not named in the FIR. He further submits that the applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. The name of the applicants has surfaced in the confessional statement of the co- accused. The police has planted false recovery against the applicants. Factum of recovery is denied. There is no motive to commit the offence. Applicants have been roped in, in this case by the police without collecting any worthy and relevant evidence. In case, the applicants are admitted to bail, there are no possibility of absconding or misusing the liberty of bail. The applicants are languishing in jail since 19.11.2018 in the present case. Under the similar circumstance co- accused- Nisaruddin- has been admitted to bail by this Court, copy whereof has been produced by the learned counsel for the applicants, the same is taken on record.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants- Nihaluddin and Neksu- involved in case crime no.341 of 2018, under Sections 396, 397 and 412 IPC, Police Station Bhamaura, district Bareilly 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 :- 22.8.2019 Raj