Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45501 of 2018 Applicant :- Pappu @ Azim Opposite Party :- State Of U.P.
Counsel for Applicant :- Rafeek Ahmad Khan 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. Nothing incriminating in fact has been recovered from the possession of the applicant and the shown recovered money from his possession is the own money of the applicant. Similarly circumstanced co-accused Mohammad Aijaz, Shakir and Sharukh have been admitted to bail by this Court vide orders dated 12.10.2018 and 31.10.2018 in Criminal Misc. Bail Application Nos.39672 of 2018 and 41841 of 2018. Copy of bail orders have been placed on record as Annexure No.4 to the affidavit filed in support of the bail application. The applicant has no criminal history and is languishing in jail since 18.9.2018. In case the applicant is released on bail there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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- Pappu @ Azim involved in Case Crime No.205 of 2018, under Sections - 147, 148, 149, 395, 342, 442, 506 I.P.C. & 7 Criminal Law Amendment Act 1932, Police Station - Panvari, District- Mahoba 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 :- 28.11.2018/S Rawat