Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41288 of 2018 Applicant :- Sarfuddien @ Lehtu Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Ayub 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.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He further submitted that his name has been surfaced after three-four months from the date of the incident. Nothing incriminating infact has been recovered from the possession of the applicant. The applicant has no criminal history and is languishing in jail since 2.4.2018.
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 Sarfuddien @ Lehtu involved in Case Crime No.818 of 2017, under Sections 394 I.P.C., Police Station Iglas, District Aligarh 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 :- 29.10.2018 S Rawat