Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19874 of 2018 Applicant :- Shahid @ Kabootar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
The second supplementary affidavit filed on behalf of the applicant 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 this case. The applicant is not named in the first information report. Nothing incriminating has been recovered from possession of the applicant. Name of the applicant has surfaced in the confessional statement of the co-accused. Criminal history has been explained under paragraph no.2 of the second supplementary affidavit. The applicant is languishing in jail since 29.07.2017.
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 Shahid @ Kabootar involved in Case Crime No.358 of 2016, under Section 395 I.P.C., Police Station Singhawali Aheer, District Baghpat 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 :- 31.5.2018 rkg