Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41297 of 2018 Applicant :- Shubham @ Shivam Opposite Party :- State Of U.P. Counsel for Applicant :- Sameer Khan 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 the incident took place on 4.6.2018 and the applicant is not named in the first information report, however, the police in collusion with the informant has deliberately roped in the applicant. There is no independent witness to the fact of recovery. The factum of recovery is denied by the applicant. The applicant has no previous criminal history and he is languishing in jail since 10.6.2018.
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 Shubham @ Shivam involved in Case Crime No.1396 of 2018, under Sections 392, 411, 34, 120-B I.P.C., Police Station Indrapuram, District Ghaziabad 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