Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41295 of 2018 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Mishra 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.
Contention raised on behalf of the applicant has been confined to the extent that the applicant though named in the first information report claims to have been falsely implication in this case on account on animosity with the informant. Nothing incriminating has been recovered from possession of the applicant. There is no public independent witness to the fact of recovery. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 28.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit 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 involved in Case Crime No.1137 of 2018, under Sections 379, 411 I.P.C., Police Station Quarsi, 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 :- 22.1.2019 rkg