Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33915 of 2019 Applicant :- Pachchu @ Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Rana 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 is that there is no credible evidence against the applicant and merely because the applicant happens to be a history sheeter and few cases have been registered against him, he has been deliberately roped in, in the present case. The similarly circumstances co-accused Haseen @ Guddu has already been admitted to bail by a coordinate bench of this court in Criminal Misc. Bail Application No. 45153 of 2018 on 5.7.2019. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The criminal history of the applicant has been explained in paragraph 16 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 1.4.2017.
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 Pachchu @ Rashid involved in Case Crime No. 445 of 2016 (S.T. No. 698 of 2017) under Section 460 I.P.C. Police Station C.B. Ganj, District Bareilly 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 :- 21.8.2019/N.A.