Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41935 of 2018 Applicant :- Shamim Ahmad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants have been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The incident as alleged has never took place and no recovery has been made from the vehicle of the applicant. When some altercation took place between the applicant and police, the police has falsely implicated the applicants by showing false recovery. There is no independent witness to the fact of recovery. The applicants have no criminal history. The applicants are languishing in jail since 7.9.2018.
Learned AGA has opposed prayer for bail.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants Shamim Ahmad and Khalid involved in Case Crime No. 0243 of 2018, under Sections 420, 467, 468, 471 I.P.C. and section 60, 63, 72 of U.P. Excise Act, Police Station Derapur, District Kanpur Dehat be released on bail on their each executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that they shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi