Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17921 of 2018 Applicant :- Riyasat Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Hasan Shaukat Abidi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed today is taken on record.
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 the present case. The alleged recovery of the motorcycle was made from the joint possession of the applicant and other co-accused persons. The police after arrest of the applicant slapped false case against him. There is no public witness to the factum of arrest and recovery. The criminal history of the applicant has been explained in paragraph 2 of the supplementary affidavit filed today in the Court. The applicant is languishing in jail since 31.01.2018.
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 Riyasat involved in Case Crime No. 138 of 2018, under Sections 414, 467, 468, 420 I.P.C., Police Station Kandhala, District Shamli, 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 :- 30.5.2018 Rmk.