Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45898 of 2018 Applicant :- Sharif Opposite Party :- State Of U.P.
Counsel for Applicant :- Punya Sheel Pandey 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 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. There is no public independent witness to the fact of recovery. Similarly circumstanced co-accused Bhura @ Elaibaksh, Sanjay @ Suleman and Ehsan have already been admitted to bail by this Court, copies of the bail orders have been annexed as annexure no.4 to the affidavit filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 30.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Sharif involved in Case Crime No.1168 of 2017, under Sections 395, 397 I.P.C., Police Station Vrindavan, District Mathura 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 with the following conditions;
(I) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.11.2018 rkg