Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20233 of 2018 Applicant :- Sameer Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas 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. Factum of recovery is not supported by any public independent witness. There is no previous criminal history of the applicant, whereas, after arrest of the applicant, the police has slapped false cases against him. The applicant is languishing in jail since 13.03.2018.
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 Sameer involved in Case Crime No.172 of 2018, under Sections 379, 411 I.P.C., Police Station Sambhal Kotwali, District Sambhal 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 :- 29.5.2018 rkg